Quorum April 2020

Page 1

$4.95

APRIL 2020

APRIL 2020

CAI-CV STAYING

Connected 10 What to Know About COVID-19, Your Community, and CAI 12 How to Practice Social Distancing in Your Community 14 COVID-19 Emergency: Online Meeting Guide 16 Waive Assessments Because of the Coronavirus? 19 Resources to Help You Stay Connected to The Latest Information for Your Associations and Businesses 24 Running an HOA During a Pandemic 29 How HOAs Can Cope with COVID-19 32 Dealing with the Coronavirus – A Manager’s Perspective 34 Essential Association Business: Inspections! 40 Construction and Nuisance in California During the Stay-at-Home Order 45 10 Cyber Security Tips for Working Remotely

CAI-CV’S EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW FRIDAY, MARCH 6, 2020 HOA MAINTENANCE

VOLUNTEERS NEEDED HELP YOUR COMMUNITIES SAFELY

CLICK HERE or Type in: www.californiavolunteers.ca.gov


MAKING [COMMUNITY]

HAPPEN Secure your community’s future with national resources and local expertise. Associa Desert Resort Management is uniquely positioned to help your community accomplish any goals. Top-tier management, comprehensive maintenance and a customizable menu of additional services ensure your community thrives, and our local, qualified staff are committed to being your trusted advisors every step of the way.

CONTACT US TODAY! John Walters-Clark, CMCA®, AMS® Director of Marketing/Business Development 42635 Melanie Place | Suite 103 Palm Desert, CA 92211 | 760.610.7696 jwalters-clark@drminternet.com

2

Quorum April, 2020


AC NTR O C NO

TS!

#1

In Customer Service

Family Owned & Locally Operated

CAI-CV

EDUCATED BUSINESS PARTNER

COMMERCIAL • RESIDENTI

AL • HOA'S

760-328-6115 68920 Adelina Rd, Cathedral City, CA 92234 FrazierPestControl.com • Lic. # PR5204

ANTS • ROACHES • TERMITES • RODENTS • SPIDERS • BEES/WASPS • PIGEON PROOFING

FULL SERVICE CONTRACTOR 42-240 Green Way #B •Palm Desert, CA 92211

License # 473996

Your Local Go-To HOA Contractor INSURANCE SERVICES 24hr Emergency Service Mold Remediation Fire & Water Restoration Slab Leak Repairs

24/7

HOA SERVICES

• Wood Repair • Concrete Repair • Pool Deck Coatings • Club/Guard House

• Fence • Block Wall • Carport • Drywall & More!!!

www.VantagePointConstruction.com

Phone: (760) 340-5157 • Fax: (760) 340-2576

LIC. #493686 | INSURED

(760) 341-4345 • • • •

The HOA Specialist 25 years in the Coachella Valley Over 20,000 homes painted Our Foremen have been with us for 30 Years!!!

We believe that operating a quality painting business is really very simple ...

“Our work must be as good as the money you paid us.”

Visit us online for more information

www.FlandersPainting.com CAI-CV.org

facebook.com/CAICV

@CAI-CV

3


A Message from CAI-CV Executive Director As we are publishing this issue of Quorum, the lockdown has been extended for the entire month of April. Many are fearful of how the lockdown will impact their jobs and of course nervous about getting the virus. Don’t let fear paralyze you. We are SERVANT LEADERS for our communities and businesses. We are expected to face this adversity head-on. Let’s tackle this virus and keep building better communities!

ADVERTISERS ACCOUNTANTS & BOOKKEEPERS BRABO & CARLSEN, LLP.............................................43

ASPHALT AMS PAVING................................................................38 ASPHALT MD'S..............................................................6

To stop this COVID-19, it is critically important that we take the lockdown seriously. Work from home as much as you can. If you become sick, self-quarantine and get tested. Be respectful of others. The virus will stop when it cannot transfer to new people.

ATTORNEYS

Fortunately, there are ways we can continue to serve and provide leadership to our communities. We encourage you to visit the State’s website: California Volunteers (CLICK HERE OR TYPE: californiavolunteers.ca.gov/ to stay informed of how you can help the most vulnerable among us. Stay connected, healthy and help those who are in need.

BANKING

Call or email the CAI-CV office if you have concerns, suggestions or great ideas. (760) 341-0559 or by email at admin@cai-cv.org. Working from home is a little slower than from the office but we will be in touch soon!

BISSELL DESIGN STUDIOS, INC...................................43

Cal Lockett, Executive Director

PRENDIVILLE INSURANCE AGENCY............................46

FIORE RACOBS & POWERS, A PLC..............................38 GREEN BRYANT & FRENCH, LLP....................................6 GURALNICK & GILLILAND, LLP....................................18

CIT.................................................................................4

CONSTRUCTION VANTAGE POINT CONSTRUCTION INC...........................3

DESIGN GATES & GARAGE DOORS AUTOMATION PRIDE....................................................46

INSURANCE LAKES DWI .............................................................................18

LANDSCAPING CONSERVE LANDCARE .................................................3 PRO LANDSCAPING, INC..............................................38 PWLC II, INC. ..............................................................18 VINTAGE LANDSCAPE..................................................43

MANAGEMENT COMPANY ASSOCIA DESERT RESORT MANAGEMENT...................2 POWERSTONE PROPERTY MANAGEMENT..................13

PAINTING

Convenient, secure protection for your excess funds. Save time and money with these community association offerings. Eliminate extra legwork and receive additional FDIC coverage for excess funds with Insured Cash Sweeps (ICS) and Certificate of Deposit Account Registry Services (CDARS) from your community association banking expert. Ask us about our great CDARS rates.

One account. One statement. One trusted bank. Brendan Concannon, Vice President 619.261.6643 | 866.800.4656 x7480 | Brendan.Concannon@cit.com

©2020 CIT Group Inc. All rights reserved. CIT and the CIT logo are registered trademarks of CIT Group Inc. MM#7205

FLANDERS PAINTING INC..............................................3

PEST CONTROL FRAZIER PEST CONTROL, INC.......................................3 POWERFUL PEST MANAGEMENT................................46

POOLS GARDNER OUTDOOR AND POOL REMODELING...........47

ROOFING BRS ROOFING, INC. .....................................................43 WESTERN PACIFIC ROOFING.......................................46

SECURITY DSI SECURITY SERVICES...............................................3

WATER CV WATER COUNTS.....................................................18

4

Quorum April, 2020


CONTENTS 2020 QUORUM COMMITTEE MEMBERS

10

JENNIFER JAMES, ESQ., CHAIR

CAI-CV

EDUCATED BUSINESS PARTNER

12

14

Green Bryant & French, LLP

Close common areas and amenities such as clubhouses, pools, and fitness centers.

RODNEY BISSELL, CO-CHAIR CAI-CV

EDUCATED BUSINESS PARTNER

CAI-CV

EDUCATED BUSINESS PARTNER

Bissell Design Studios, Inc.

GEN WANGLER, ESQ., CCAL, BOARD LIAISON KIMBERLY BURNETT DSI Security Services

DIANE CARMONY

19

Coachella Valley Water District

SIERRA CARR, CMCA

Associa Desert Resort Management

*If allowed by state law and governing document

DEA FRANCK, ESQ.

CAI-CV

EDUCATED BUSINESS PARTNER

24

Epsten, APC

JAY JARVIS, CMCA, CCAM

This information is published with the understanding that CAI accounting, medical, or other professional services. If legal ad required, the services of a competent professional should be s

Community Manager, Portola Palms Homeowners Association

BRUCE LATTA, CMCA Parc La Quinta HOA

40

MARILYN RAMOS

Guralnick & Gilliland, LLP.

GLENN A. MILLER, CGCS

42

Southwest Landscape & Maintenance, LLC

GRACE PALUCK, CMCA

The Management Trust Desert Division

KUMAR S. RAJA, ESQ. Tinnelly Law Group

MIKE REY

CAI-CV

EDUCATED BUSINESS PARTNER

Rey Insurance Services A FARMERS® Insurance Agency

STEVEN SHUEY, PCAM

Personalized Property Management

CHRIS SIGLER, B.S.C.E, CDT

President, C.L. Sigler & Associates, Inc.

HOLLY SMITH, CMCA, AMS

Associa Desert Resort Management

FEATURES 10

CREATIVE DIRECTOR & GRAPHIC DESIGNER CAI-CV

EDUCATED BUSINESS PARTNER

RODNEY BISSELL Bissell Design Studios, Inc. rodney@bisselldesign.com (714) 293-3749

ARTICLE SUBMISSIONS OR ADVERTISING INFORMATION admin@cai-cv.org SUBSCRIBER SERVICES

The Coachella Valley Quorum Magazine is a publication expressly prepared for association leaders, managers and related business professionals of the Community Associations Institute. Members are encouraged to submit articles for publishing consideration. All articles accepted for publication in Quorum are subject to editing and rewriting by the Quorum Committee. Quorum Magazine is printed at the CAI-CV Office on a Xerox Versant 180 Press. Discounted printing is now available to CAI members. Call Bissell Design Studios, Inc. at (714) 293-3749 or the CAI-CV office for more information, (760) 345-0559.

What to Know About COVID-19, Your Community, and CAI By CAI National

12

How to Practice Social Distancing in Your Community By CAI National

14 COVID-19 Emergency: Online Meeting Guide

By CAI National

19 Resources to Help You Stay Connected to The Latest Information for Your Associations and Businesses

By California Chamber of Commerce

24 Running an HOA During a Pandemic

By Sean D. Allen, Esq.

40 Construction and Nuisance in California During the Stay-at-Home Order

By Steve Roseman, Esq.

42 Board Expectations of a Community Manager

By Sabina Dorn CAI-CV.org

facebook.com/CAICV

@CAI-CV

5


CAI-CV

EDUCATED BUSINESS PARTNER A FULL SERVICE LAW FIRM

Choose Educated Business Partners

Providing Practical Approaches in: CC&R Interpretation, Drafting and Enforcement Opinion Letters Contract Drafting and Negotiation Civil Litigation Assessment Recovery 75100 Mediterranean Palm Desert, California 92211

www.gbflawyers.com

| 760.565.5889

Micha Ballesteros, Cartwright Termite & Pest Control, Inc. Rodney Bissell, Bissell Design Studios, Inc. Susan Browne Rosenberg, CIH, Desert Cities Indoor Air, LLC Kimberly Burnett, DSI Security Services Linda Cardoza, Alliance Association Bank Will Cartwright, Cartwright Termite & Pest Control, Inc. Todd Chism, PatioShoppers Tiffany Christian, Epsten, APC Adam Eves, EmpireWorks Lori Fahnestock, Powerful Pest Management Dea Franck, Esq., Epsten, APC Julie Frazier, Frazier Pest Control, Inc. Elaine Gower, The Naumann Law Firm, PC Michael Graves, SCT Reserve Consultants Amanda Gray, O'Connell Landscape Maintenance Matthew Hills, Securitas Security Services USA, Inc. Tim Hoss, BEHR & KILZ Paints & Primers Jennifer James, Esq., Green Bryant & French, LLP Megan Kirkpatrick, Kirkpatrick Landscaping Services Jared Knight, Vista Paint Corporation Katy Krupp, Fenton Grant Mayfield Kaneda & Litt, LLP Matt Lawton, CIC, CIRMS, Prendiville Insurance Agency Larry Layton, Kirkpatrick Landscaping Services Alison LeBoeuf, Sherwin-Williams Mike Mastropietro, OCBS, Inc. Chris Meyer, Asphalt MD's Greg Morrow, Eagle Roofing Products Fran Mullahy, Vintage Associates Matt Ober, Esq., Richardson Ober DeNichilo LLP Chet Oshiro, EmpireWorks Mallory Paproth, SCT Reserve Consultants Elisa Perez, Esq., Epsten, APC Jay Powell, Ben's Asphalt Dana Pride, Automation Pride Mike Rey, Rey Insurance Services Kelly Richardson, Esq., Richardson Ober DeNichilo LLP Brent Sherman, Animal Pest Management Services, Inc. Liz Williams, AMS Paving Taylor Winkle, Roof Asset Management Bevan Worsham, AMS Paving Jolen Zeroski, Union Bank Homeowners Association Services

Become an Educated Business Partner 6

Quorum April, 2020

Call the CAI-CV office or go to www.cai-cv.org for more information.


CONTENTS

22

DEPARTMENTS

2020 COACHELLA VALLEY CHAPTER BOARD OF DIRECTORS

8 President’s Message Homeowner HOA Law 16 Waive Assessments Because

MIKE TRAIDMAN PRESIDENT

Mira Vista at Mission Hills HOA CAI-CV

EDUCATED BUSINESS PARTNER

of the Coronavirus? By Adrian Adams, Esq. 29 How HOAs Can Cope with COVID-19 By Kelly G. Richardson, Esq., CCAL

MATT LAWTON, CIC, CIRMS PRESIDENT-ELECT Prendiville Insurance Agency

MARGARET "GEN" WANGLER, ESQ., CCAL PAST-PRESIDENT CAI-CV

EDUCATED BUSINESS PARTNER

CAI-CV

EDUCATED BUSINESS PARTNER

Insurance 26 Myths and Misconceptions

JOLEN ZEROSKI, CMCA TREASURER

Common Homeowner Insurance Pain Points and How to Respond to Them By Robert Gonzalez, CMCA 34 Essential Association Business: Inspections! By Chris Sigler, B.S.C.E., CDT and Mike Rey, Farmers® Insurance

Union Bank

DEA FRANCK, ESQ. SECRETARY Epsten, APC

CARDINAL AMBROSE, CMCA, AMS, PCAM DIRECTOR

Associa Desert Resort Management CAI-CV

EDUCATED BUSINESS PARTNER

30 Titanium Spotlight

MICHA BALLESTEROS DIRECTOR

Cartwright Termite & Pest Control, Inc.

RHONDA DREWS, CMCA, AMS, PCAM DIRECTOR RealManage

LONI PETERSON, CMCA, AMS, PCAM DIRECTOR

Associa Desert Resort Management

STEVEN SHUEY, PCAM DIRECTOR

Personalized Property Management

LOUISE STETTLER DIRECTOR

Palm Desert Greens Country Club HOA

CAI Coachella Valley Office 75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211 Tel: (760) 341-0559 Fax: (760) 341-8443 Website: www.cai-cv.org CAL LOCKETT

Executive Director clockett@cai-cv.org The materials contained in this publication are designed to provide our members with timely and authoritative information; however, the CAI Coachella Valley Chapter is not engaging in the rendering of legal, accounting or other professional types of services. The Coachella Valley Chapter has not verified and/or endorsed the contents of these articles or advertising. Readers should not act on the information contained herein without seeking more specific professional advice from legal, accounting or other experts as required.

CHAPTER NEWS 6 CAI-CV Educated Business Partners 9 CAI-CV New & Renewing Members 15 Meet the Board

Cardinal Ambrose, PCAM By Jay Jarvis

AMS Paving

Water Wise 31 CVWD Announces

37

$59 Million Loan to Improve Stormwater Protection By Katie Evans Work Today for a Better Tomorrow By Michele Donze

32 Managers Need toKnow

Dealing with the Coronavirus –

The Annual Overseed or Inter-Seed Process By Glenn Miller

A Manager’s Perspective 20 Q & A – COVID-19 By Steven Shuey, PCAM and and Coachella Valley Rhonda Drews, PCAM Community Associations 21 Desert Cities HOA Council 39 Maintenance & Reconstruction Join the HOA Leaders

Idea Exchange By Jay Jarvis

48 2020 Corporate Sponsors

EVENTS

44 Pools

The Silent Battle By Mark Feldstein

22 Past Event Photos 45 Security 10 Cyber Security Tips for 23 Educational Lunch Working Remotely Program & Mini By Jamie Ridenhour & Trade Show Kimberly Burnett 48 Upcoming Chapter Events CAI-CV.org

facebook.com/CAICV

@CAI-CV

7


FROM THE CHAPTER

President’s Message Mike Traidman Mira Vista at Mission Hills HOA

I

hope this letter finds you safe and well. No one could have anticipated the events of the last four weeks and the dramatic impact the coronavirus has had on all our lives. CAI-CV is continuing to adapt. Cal and Ashley are working from home some days and taking turns in the office as needed to practice social distancing. We have cancelled all in-person meetings and events through April while we wait to see what happens in the Coachella Valley. Please know that you are in our prayers. At the end of March, we began providing our members with information about how HOAs can manage under federal, state and local recommendations and orders. These updates will continue to be sent out via Eblast and through Quorum. You may also continue to call the office at (760) 341-0559 or email us at admin@cai-cv.org if you need information or have suggestions. CAI-CV will start offering our classes electronically in mid-April. For those of you who are not used to using electronic communications, I hope you will take advantage of this break to familiarize yourselves with the many ways to stay connected. We hope this issue of Quorum will provide you with the tools you need to stay involved, continue to enjoy CAI education and to maintain your social and professional relationships. Staying connected is critically important and fortunately, we have the means to do this while staying at home. As many of you know, we had an exceptional Educational Lunch Program & Mini Trade Show on March 6th at Palm Valley Country Club regarding the new Accessory Dwelling Unit (ADU) Legislation. Our thanks to Dea Franck, Esq. (Epsten, APC) and Tim Flanagan, Esq. (Berding & Weil, LLP) for an interesting and lively presentation and Q&A on this important topic.

CALENDAR UPDATES Here are some of the changes that we have made to the rest of the events in March and April. CAICV’s M-206 (for managers) on financial management was changed from March 13th to an online-only class. This class is available to managers online at any time. We had a special “soft skills” program for managers and assistant managers scheduled for Friday, March 20th. The instructor from College of the Desert, Dr. David George, has agreed to postpone this class. A new date will be published soon. Both the Board Member Workshop and the Chapter’s annual wine tasting, Corks for CLAC, scheduled for Friday, March 27th, have been postponed to Friday, October 2nd. CAI’s Day at the Capitol, scheduled for March 30th and 31st has also been postponed and we will let you know when a new date has been set. CAI-CV’s Annual Spring Golf Tournament scheduled for Friday, April 24th has been postponed to June 5th. The PCAM Social scheduled for April 30th will also be postponed and we will let you know when a new date is set. Our April 7th Board Member Workshop will be moved to an online class to be held sometime in mid-April. Please continue to open your emails from CAI-CV and check our website for updates on our May events and programs. In closing, please take the coronavirus orders seriously. More details are on page 20. Our prayers and best wishes are with you and your families. Stay healthy and stay connected. We will get through this.

Mike Traidman

Mike Traidman, Mira Vista at Mission Hills HOA

8

Quorum April, 2020


MARK YOUR CALENDARS

CAI-CV NEW & RENEWING MEMBERS

CAI-CV NEW & RENEWING MEMBERS RENEWING BUSINESS PARTNERS

NEW MANAGER MEMBERSHIPS

ALAN SMITH POOLS Kevin Kostka (714) 628-9494 kevin@alansmithpools.com

Stacy Atherton (714) 392-2573 stacyatherton@icloud.com

ARTISTIC MAINTENANCE, INC. Marlene Arredondo (949) 581-9817 marredondo@artisticmaintenance.com

RENEWING MANAGER MEMBERSHIPS

ASSOCIATION RESERVESCA/INLAND EMPIRE Kevin Leonard (909) 906-1025 kleonard@reservestudy.com COOPER COATINGS INC. Marshall Cooper (760) 422-4366 Marshall@coopercoatings.com GREEN BRYANT & FRENCH, LLP Ronald Green (760) 346-9310 rgreen@gbflawyers.com LUTRINGER ADR CONSULTING Richard Lutringer (760) 364-3740 Rlutringer@mac.com ROSEMAN LAW, APC Teresa Agnew (818) 380-6700 Ext. 107 agnew@roseman.law SCOTT CORPORATION, APAC Krista Scott (760) 568-5544 kscott@thescottcorp.com SWEDELSONGOTTLIEB Sandra Gottlieb (310) 207-2207 Ext. 202 slg@sghoalaw.com THE NAUMANN LAW FIRM Elaine Gower (858) 792-7474 elaine@naumannlegal.com THREE PHASE ELECTRIC Dionne Petitpas (949) 457-1252 dionne@HOAlighting.com VISTA PAINT CORPORATION Jared Knight (951) 454-2500 Jknight@vistapaint.com

ASSOCIA DESERT RESORT MANAGEMENT Terry Kramer (760) 772-2092 tkramer@drminternet.com Richard Smetana (760) 333-1118 richard.smetana@associa.us FIRSTSERVICE RESIDENTIAL Karen Tillotson (760) 834-2496 karen.tillotson@fsresidential.com MILLENNIUM COMMUNITY MANAGEMENT, LLC Nancy Stegehuis (760) 834-8948 nancy@mcmiskey.com PERSONALIZED PROPERTY MANAGEMENT CO. Steven Shuey (760) 250-1821 IslandMgr@aol.com

NEW DATES

FOR CAI-CV EVENTS CORKS FOR CLAC WINE TASTING (FOR ALL MEMBERS)

BOARD MEMBER WORKSHOP (FOR BOARD MEMBERS)

SHIELDS DATE GARDEN OLD DATE: FRIDAY, MARCH 27, 2020 NEW DATE: FRIDAY, OCTOBER 2, 2020

APRIL EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW (FOR ALL MEMBERS)

NEW VOLUNTEER LEADERS Margaret Wangler Esq. THE SPRINGS COMMUNITY ASSOCIATION Kevin Dahlin Curtis Green Ed Gubman Gary Pollock

RENEWING VOLUNTEER LEADERS

PALM VALLEY COUNTRY CLUB OLD DATE: FRIDAY, APRIL 10, 2020 NEW DATE: FRIDAY, JULY 17, 2020

CAI-CV SPRING GOLF TOURNAMENT (FOR ALL MEMBERS)

Joseph Schneider CORONADO GARDENS HOMEOWNERS ASSOCIATION Kay Bristow Grace DeGaine Mike Durbin Bill Emery Bob Hathcock

DESERT PRINCESS COUNTRY CLUB OLD DATE: FRIDAY, APRIL 24, 2020 NEW DATE: FRIDAY, JUNE 5, 2020

BOWLING TOURNAMENT (FOR ALL MEMBERS)

PALM SPRINGS LANES OLD DATE: FRIDAY, JUNE 26, 2020 NEW DATE: FRIDAY, JULY 10, 2020 CAI-CV.org

facebook.com/CAICV

@CAI-CV

9


FEATURE

What to Know About COVID-19, Your Community, and CAI By CAI National NEW! CAI and fellows of the College of Community Association Lawyers (CCAL) present special virtual, LIVE Q&A presentations about the issues facing community associations due to coronavirus pandemic.

CAI/CCAL Webinar Coronavirus and Community Associations CLICK HERE or Type this URL into your web browser: https:// youtu.be/vlUsgxbGS7I Recorded March 24, 2020 CLICK HERE or Type this URL into your web browser: https:// youtu.be/oNeNHEkp9dQ Recorded March 19, 2020 CAI is monitoring the outbreak of the COVID-19 coronavirus and its impact on community associations. We are encouraging CAI members,

10

Quorum April, 2020

chapters, and the community associations industry in general to follow the latest guidance and updates issued by the Centers for Disease Control and Prevention. CAI understands that members, homeowners, board members, community association managers, management company executives, and business partners may have questions about prevention, containment, classes, and events. It is important to recognize, however, that CAI, its chapters, and individual members are not healthcare professionals. The CDC and other qualified health officials should continue to be the primary source of current information and guidance. CAI is offering general, precautionary guidance from officials and adding some common-sense guidelines for our industry.

WHAT COMMUNITY ASSOCIATIONS CAN DO Community associations should review or establish an emergency plan in consultation with legal counsel, insurance and risk management experts, and their manager. This plan could address whether it's possible to conduct association business remotely, how to handle common areas and amenities, anti-discrimination compliance, wage and hour laws if the association employs staff, and communication with residents. Community associations are welcome to download and adapt a sample letter developed by CAI that covers some of the steps your community may take or has taken to address the COVID-19 outbreak.


FEATURE Communit y association board members should consult with their professional partners, including community manager and attorney, on how best to handle preparing for and reacting to COVID-19 within their community.

FAIR HOUSING AND COVID-19

CLICK HERE or type https://www. caionline.org/Documents/CAI%20 COV ID-19%20sample%20letter%20 to%20residents.docx into your web browser. It has sections on association operations—cleaning, common areas and amenities, meetings and events, social distancing, and staffing—and what the association may do if residents contract COVID-19. You are encouraged to fit the letter to your needs, filling in the appropriate details (see bracketed and highlighted areas) or picking and choosing certain sections that apply in your community.

MEETINGS AND EVENTS Generally, there are several methods by which association members or association boards transact business in the absence of everyone gathering at the same time and location—some form of written consent, electronic meetings, or a vote outside a physical meeting. Community associations should contact their attorney and should review state statutes and governing documents to determine what is possible. In-person meetings are almost always preferred because of the ability to discuss proposals, deliberate, and change minds. Most online and

electronic voting simply permits an up or down vote on a proposal. There are circumstances in which a meeting is simply not possible, so it is worth considering what other options exist to transact business. In addition, state and local governments may be offering guidance or mandates regarding “group gatherings." Community associations should check with the state or local health officials to determine if guidance or restrictions are in place.

COMMON AREAS AND AMENITIES Community associations control the common areas, and owners are responsible for their private property. If the virus becomes widespread, communities may want to consider: • Extensive cleaning, disinfecting, or wiping down of common areas and common area surfaces • Postponing or cancelling community events and meetings • Closing common areas and amenities, such as gyms, clubhouses, and pools • Installing hand sanitizer dispensers or wipes in common areas for owner and guest use

The U.S. Department of Housing and Urban Development is part of the White House Coronavirus Task Force. All federal agencies are working aggressively on a multi-layered, cross-agency public health response to this evolving situation. HUD is encouraging housing providers, including community associations, to share relevant CDC fact sheets with individuals, families, and staff members. Read more from HUD at https://www.hud.gov/coronavirus. Communit y associat ions are reminded that their responses to residents regarding the coronavirus must be compliant under the Fair Housing Act and related regulations. Wage and hour laws. If your community employs staff, it should review how and whether it will compensate employees in the event of an interruption to normal business operations. Communication. Whatever your community decides to do regarding meetings, events, common areas, amenities, and other measures regarding COVID19, you should clearly and consistently communicate with residents. Use your newsletter, website, email, social media, or bulletin board to inform and educate. CLICK HERE or type https://www. caionline.org/Pages/covid19.aspx into your web browser to see Government Actions Regarding Coronav irus Impacting Community Associations. This information is subject to change. It is published with the understanding that CAI is not engaged in rendering legal, accounting, medical, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

11


CAI NATIONAL

How to Practice Social Distancing in Your Community What the Community Can Do:

What Residents Can Do:

Ask residents to reduce visitors such as guests and contractors.

6 ft.

Stay at least 6 feet apart in enclosed spaces, including elevators, corridors, and shared laundry facilities.

Conduct meetings remotely through phone or videoconferencing technology.*

Get outside for fresh air and exercise but maintain a safe distance between others.

Cancel or postpone nonessential meetings and events.

Leave home for necessary medical appointments, testing, and essential resources, but wipe down any surfaces you come in contact with, disinfect your hands, and avoid touching your face.

Close common areas and amenities such as clubhouses, pools, and fitness centers.

Wear a facemask if you are sick.

*If allowed by state law and governing documents.

This information is published with the understanding that CAI is not engaged in rendering legal, accounting, medical, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

12

Quorum April, 2020

www.caionline.org


IT’S A PLEASURE TO SERVE COACHELLA VALLEY’S HOAS —

BECAUSE WE’RE NEIGHBORS.

The Powerstone CV Team (left to right): Ronnica Marroquin; Gina Lamora; Michelle Lopez; Wendy Cross; Michelle Espinoza

Since 1993 Powerstone has served HOA’s of all types throughout California and in the Coachella Valley with integrity, professionalism and an old fashioned neighborly smile. We treat our clients as if they were neighbors, because they are. Our spirit of service is why clients stay with us and has helped us become one of the leading property management firms in California and the Coachella Valley. Contact Michelle Lopez CMCA, AMS and discover how top-notch service, attention to detail and a willingness to do what it takes can help your HOA prosper. For more information visit www.powerstonepm.com. Or call Michelle at 760-469-4315.

Proud Sponsor of

CAI-CV.org

facebook.com/CAICV

@CAI-CV

13


FEATURE

COVID-19 Emergency: Online Meeting Guide By CAI National

B

efore moving forward, check your governing documents. If still unsure, consider consulting with the association's attorney for guidance. State laws and/ or bylaws may sometimes be vague and ever changing in this situation.

LAWS PERTAINING TO VIRTUAL ATTENDEES Rules and regulations on this issue vary from state to state. We strongly recommend HOA’s review state laws in the event they prohibit virtual attendance at nonprofit board meetings.

BYLAWS If your state does not prohibit virtual attendance, ensure that your chapter bylaws do not prohibit it either.

2. Board Members

a. All board members should test the system immediately to ensure access b. Assign board members i. Who will be creating the meeting? ii. Who will be running the system during the meeting? 1. Muting/unmuting participants 2. Sharing their screen (agenda, other documents or presentations) 3. Managing text questions that come in iii. Who will be the point person for participants who are having issues? iv. Who will be responsible for other duties as needed? c. Run a test meeting with all board members

1. Get a Screenshare Software

d. Login 15 minutes before scheduled meeting

(see possible systems on the next page)

a. Create User Account (this will be the account to launch the meeting) i. Ensure that the account type you have chosen includes:

3. Attendees

1. Enough space for all participants 2. Enough time for your meeting b. Setup Meeting i. Set date and duration ii. Ensure all participants are muted (main person can unmute others as needed) iii. Ensure session is recorded to the cloud iv. Password protect the meeting v. Board members should be on video if possible

14

Quorum April, 2020

a. Notify participants of the online meeting i. Email the access instructions ii. Include access instructions in newsletters and bulletins iii. Include how participants can test the system prior to the meeting iv. Include who and how they should contact if they are having an issue connecting to the system


al Distancing 4. After Meeting

Meet the Board

Cardinal Ambrose, PCAM By Jay Jarvis

a. Pull report of who attended

b. ArchiveCan the recording at Residents Do: in your files c. Send attendees an email thanking them for participating

Stay at least 6 feet apart in enclosed spaces, including elevators, VIRTUAL MEETING corridors, andSYSTEMS shared 6 ft. laundry facilities. Community Associations Institute is not

ering legal, stance is

affiliated with, receiving any compensation, or recommending any of these products. The purpose of this list is to inform our members of possible they can use for a virtual Getsystems outside for fresh meeting. This list does not encompass all the air and exercise but systemsmaintain available. a safe distance

between ZOOM others. Website: www.zoom.us

GOTOMEETING Website: www.gotomeeting.com

JOIN.ME Leave home for necessary Website: www.join.me medical appointments, testing, EZTALKS and essential resources, but wipe down Website: www.eztalks.com any surfaces you come HANGOUTS inGOOGLE contact with, disinfect Website: www.hangouts.google.com your hands, and avoid touching your MEETINGS face. CISCO WEBEX Website: www.webex.com

SKYPE Wear a facemask if you Website: www.skype.com/en are sick. FREE CONFERENCE CALL Website: www.freeconference.com

Quorum’s profile series of members of the CAI-CV board of directors continues with Cardinal Ambrose, PCAM. Cardinal has been employed in community association management since 2010 and is currently with Associa-Desert Resort Management in Palm Desert. Prior to becoming a manager, she served as executive director of CAI-CV. Cardinal received her Master of Business Administration Cardinal Ambrose, PCAM (MBA) degree from Trevecca Nazarene University, in Nashville, Tennessee, an advanced degree that she believes has served her well in her community management career. She also has attained several professional designations, including CAI’s CMCA, AMS, and PCAM. She tells Quorum that receiving her PCAM designation has been her greatest professional achievement. The “need for constant improvement” motivates her; her pet peeve is “lazy people that don’t try their hardest.” Cardinal considers being a “positive people person” to be her greatest strength. She said she enjoys CAI’s education and relationship building opportunities. She particularly likes the opportunity to get to know the chapter’s business partners and to learn about their industries and how their professional advice can help her communities. Cardinal is married and has two stepchildren and a new stepgrandson. She describes herself as being “passionate” about her family and friends. Despite her busy career and her new role as a grandma, she finds time for her two hobbies, which are hiking and shopping. When asked what she likes best about CAI-CV, she answered, “We have some excellent brainstorming sessions,” which have helped improve and grow the chapter. Thank you, Cardinal, for your service to CAI-CV. E.J. (Jay) Jarvis II, CMCA, CACM, is Past President, Lafayette Village Homeowners Association, Past President and On-site Manager Portola Palms Homeowners Association. Jay can be reached at Jayj92260@gmail.com.

www.caionline.org CAI-CV.org

facebook.com/CAICV

@CAI-CV

15


HOMEOWNER HOA LAW

Waive Assessments Because of the Coronavirus? By Adrian Adams, Esq. will pay the delinquent amounts. For others, foreclosure actions might move forward to the point of sale and then stop if amounts owed will be paid.

WAIVE ALL ASSESSMENTS? Waiving assessments altogether is compassionate but also problematic. As noted above, boards have a duty to keep the association operational and pay its bills. It can't be done if no one pays their assessments. What about waiving assessments for delinquent members only? This presents a different problem. Do you waive for delinquent accounts that have nothing to do with the coronavirus? That would not be prudent. Forgiving assessments for those laid off because of the coronavirus is easier to defend but still a problem.

T

he coronavirus pandemic is throwing tens of thousands of homeowners out of work. Many of them live in community associations and have stopped paying their assessments. Should boards waive late fees and interest? Should they waive assessments for a month, three months, longer? Should they waive for some members but not others?

BALANCING BOARD DUTIES Boards have a fiduciary duty to keep their associations operational. That means paying utility bills, paying for insurance, maintaining the property, responding to emergencies, maintaining security, paying vendors, etc. At the same time, boards need to balance these obligations against the fact that increasing numbers of members cannot pay their assessments because of the pandemic. 16

Quorum April, 2020

LATE FEES & INTEREST

WAIVE SOME ASSESSMENTS?

Members have been laid off through no fault of their own. Accordingly, boards should immediately suspend late fees and interest on all delinquent accounts related to the coronavirus. Older delinquencies having nothing to do with the pandemic can be treated differently. With those accounts, boards can choose to continue late fees, interest and foreclosures.

How do boards decide which ones are pandemic related? How long do they waive assessments? What if there is a rolling waive of layoffs for months to come because of the virus? At what point do boards stop waiving assessments? Also, waiving them creates a budget shortfall that increases the financial burden on everyone else. The best solution is to work out payment plans with members laid off from work.

FORECLOSURES

PAYMENT PLANS

While liens can be recorded against new delinquencies, no foreclosure actions should be initiated against them. With older delinquencies, it may be appropriate to move forward with foreclosure actions, up to and including selling units. This would be the case for delinquencies that predate the coronavirus where there is no chance the person

Fortunately, most (hopefully all) layoffs will be temporary. The coronavirus will soon peak, stay-at-home orders will be lifted, businesses will restart, and workers rehired. In addition, last night's approval by the Senate of a $2 trillion stimulus package includes cash payments to individuals hurt by the epidemic. Boards should work out payment


HOMEOWNER HOA LAW plans on a case-by-case basis with members. Each will be a little different depending on how long the person has been laid off. Boards should be balanced and reasonable in their payment plans.

BORROWING FROM RESERVES To meet cash-flow problems created by the pandemic, boards are allowed to borrow from the association’s reserves without a vote of the membership. (Civ. Code §5515(a).) Boards are required to give notice of their intent to borrow reserve funds by listing it as an agenda item in its notice of board meeting. The notice must include the reasons the reserve transfer is needed, some of the options for repayment, and whether a special assessment may be considered. If the board authorizes the transfer, it must issue a written finding, recorded in the minutes, explaining the reasons for the transfer, and describing when and how the money will be repaid to the reserve fund. (Civ. Code §5515(c).)

REDUCED FEES? Some owners will inevitably demand a reduction in assessments since they

"TO MEET CASH-FLOW PROBLEMS CREATED BY THE PANDEMIC, BOARDS ARE ALLOWED TO BORROW FROM THE ASSOCIATION’S RESERVES WITHOUT A VOTE OF THE MEMBERSHIP." cannot use the association's amenities such as the pool, spa, fitness center, tennis courts, etc. because of the coronavirus. Boards should politely decline all such requests. The loss of use is temporary. Besides, how do boards calculate the amount of reduction and who do they give it to? Many members do not use the facilities or only use them occasionally. Should they get a reduction? Do those who use the facilities more often receive a greater discount than those who don't? This is a non-starter.

CONFLICT OF INTEREST? What about board members who are delinquent? Can they vote on issues involving assessment relief? To avoid conflicts of interest, a director who is delinquent must recuse him/ herself from votes involving their own delinquency. They can still vote on matters related to payment plans and

foreclosures for others but may want to recuse themselves to avoid any appearance of conflict.

STEADY THE SHIP The storm will soon pass. Board members need to keep a steady hand on the ship's tiller. Homeowners need to be patient. ADRIAN J. ADAMS, ESQ. is founder and managing partner of ADAMS | STIRLING PLC, a state-wide law firm specializing in community associations with offices throughout California. Adrian is on the board of the Foundation for Community Association Research, is a founding member of the Critical Issues Think Tank and serves on the national Task Force for Aging Infrastructures. Adrian is creator of the award-winning research website Davis-Stirling.com.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

17


GURALNICK & GILLILAND _________________________________________________________________________________________________

• Corporate Counsel PWLC II, INC LANDCARE MANAGEMENT

• Legal Opinions

• Assessment Lien and Foreclosure

• • Fees Paid by Delinquent Homeowner • Detailed Monthly Status Reports

PWLC II, INC. has been providing quality landscape and golf course maintenane for our clients in Southern California since 1977. Our Palm Springs office employs more than 100 landscape professionals. PWLC specializes in "High End Landscape and Golf Course Maintenance Services". In addition to our maintenance services, PWLC II, INC has a Commercial Tree Division and a Landscape Enhancement Division. We are fully licensed and insured with a $2 Million Liability Insurance. PWLC II, INC licenses include a C27 Landscape Contractors License, California Pest Control License and a "Certified Arborist" on staff. For more information please contact us at (760) 323-9341 or email conniea@pwlc2.com

18

Quorum April, 2020

40004 Cook St. Suite 3 Palm Desert, Ca www.gghoalaw.com Phone: (760) 340-1515 Fax: (760) 568-3053 For a Copy of our Legal Update Contact Melissap@gghoalaw.com


FEATURE

Resources to Help You Stay Connected to The Latest Information for Your Associations and Businesses By California Chamber of Commerce

Federal/State Resources OFFICE OF THE GOVERNOR Governor’s Essential Business/Stay Home Directive and FAQs Office of Governor Gavin Newsom, March 21, 2020 California Launches One-Stop COVID-19 Website Office of Governor Gavin Newsom, March 18, 2020 California Releases New COVID-19 Guidance for K-12 Schools Office of Governor Gavin Newsom, March 17, 2020 California Issues Directive to Fight COVID-19 Office of Governor Gavin Newsom, March 16, 2020

CENTERS FOR DISEASE CONTROL (CDC) Coronavirus Disease 2019 (COVID-19) Interim Guidance, Videos, Symptoms , What’s New, What You Should Know, Situation Updates Information For Communities, schools, and businesses, Healthcare professionals, Health departments, Travel, Laboratories Communication Resources – CDC offers free resources, including videos, fact sheets, and posters. Page includes links to current communication tools and resources available for use and distribution.

U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) Guidance on Preparing Workplaces for COVID-19

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) What You Should Know About the ADA, the Rehabilitation Act and the Coronavirus

CALIFORNIA DEPARTMENT OF PUBLIC HEALTH • Essential Critical Infrastructure Workers (pdf-03/21/2020) • Coronavirus Disease 2019 (COVID-19) • CDPH News Releases 2020

CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD) • Information about filing for paid family leave, state disability insurance or unemployment insurance.

CALIFORNIA LABOR COMMISSIONER’S OFFICE • Coronavirus Disease (COVID-19) – FAQs on laws enforced by the California Labor Commissioner’s Office

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING • DFEH Employment Information on COVID-19

CALIFORNIA LABOR AND WORKFORCE DEVELOPMENT AGENCY • Coronavirus 2019 (COVID-19) Resources for Employers and Workers

U.S. SMALL BUSINESS ADMINISTRATION

CAL/OSHA

Disaster Loans for California Small Businesses

Cal/OSHA Guidance on Requirements to Protect Workers from Coronavirus

CAI-CV.org

facebook.com/CAICV

@CAI-CV

19


CAI-CV Q&A

Q & A – COVID-19 and Coachella Valley Community Associations

A

week ago, CAI-CV published a list of questions and answers from the Governor's office that combined federal, State and Riverside County orders regarding COVID-19. Here are some of the most important advisories for our communities to enforce to ensure the virus is stopped as quickly as possible. Please continue to utilize the websites and links in this issue of Quorum to stay informed on the latest updates.

OUTDOOR RECREATION Can I still exercise? Take my kids to the park for fresh air? Take a walk around the block? Walk my dog? Yes. So long as you are maintaining a safe social distance of six feet from people who aren’t part of your household, it is ok to go outside for exercise, a walk or fresh air. Gyms are closed.

Can I go out to do laundry or have my laundry done? Yes. But we encourage you to practice the California Department of Public Health and Riverside University Health System’s tips for social distancing while doing these activities. https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20 Document%20Library/COVID-19/cdphguidance-gatherings-covid19-transmission-prevention-03-16-2020.pdf https://vimeo.com/398932609

What if I can’t get out of the home? How can I get supplies and food? Please contact friends, family, or others you know who can provide support. They are allowed to pick up any of your needs. You can also order food and other supplies, and have them delivered to your home. If you think you might be eligible for Meals on Wheels, call (951) 683-7151 to start the eligibility intake process. 20

Quorum April, 2020

Can I take my kids to the park and can we use playgrounds? Both the Executive Order and the Health Officer’s Orders allow you to engage in outdoor activities, provided that you maintain adequate social distancing. While we encourage use of parks, we discourage the use of playgrounds because they include high-touch surfaces, and because it is typically not possible to maintain social distancing at playgrounds. (While some public parks remain open for recreational use, HOAs should strongly consider closing common area parks and playgrouds.)

Can I leave home to exercise? Yes. If you will be outdoors and not in close contact with other people. Fitness centers, exercise gyms, recreational centers, tennis clubs, golf courses, and public/private shared pools are not allowed to operate.

Can golf courses remain open? No. Both public and private golf courses must be closed. However, golf course maintenance and landscaping are considered “essential” public works and can continue so that golf courses will be able to resume operations once the state and local orders are lifted.

Can private pools, like those in a gated housing development or apartment building, remain open? No. Both public and privately owned shared pools must be closed, including apartment pools, hotel pools and neighborhood pools. Pools attached to a single-family home and not shared by persons outside the residence are permitted to be used by the inhabitants of the home only.


Can I still access necessary items in my self-storage unit? Self-storage facilities are not essential businesses, but they can maintain minimum business operations and allow people to access their units to the extent they are accessing them for medical or related needs.

Can landscaping services continue? Yes. Landscaping services are “essential” public works as they are necessary to protect the safety, sanitation, or operation of essential businesses, such as weed abatement and other fire prevention, tree trimming to prevent a dangerous condition, or clearance of irrigation infrastructure.

Can home service workers continue to provide their services? Home service workers may provide services to residences if essential to health, safety, sanitation, or the necessary operation of the residence. Generally, this will mean that plumbing, maintenance (to, for example, fix an interior or exterior water leak), pest control, or similar services necessary to maintain a safe and sanitary household are permissible. Purely cosmetic and other non-essential home services should be deferred to minimize risk of transmission. Home-based childcare is also allowed.

Can home inspections continue? Yes. Home inspectors are “essential workers” under the financial services sector of the State’s “Essential Critical Infrastructure Workers” guidelines.

What happens if I don’t comply with the Executive Order or the Orders of the Health Officer? These Orders are legally enforceable under California law. It is a crime to violate the Orders, and you may be punished by a fine or imprisonment for doing so.

Join the HOA Leaders Idea Exchange By Jay Jarvis II,CMCA® CCAM® Recently the Homeowner Leaders Committee of CAI-CV and the Desert Cities HOA Council started an on-line digital idea exchange. It’s only for board members of homeowners associations in the Coachella Valley. This is a valuable tool any time, but especially during these times when we can’t meet face to face. Topics discussed so far are: repairs to mailbox cluster, elections, tree inoculations, exterior elevation inspections, tree pruning, Ring doorbells, rules of order, gate code policies, and Brown Act vs. Open Meeting Act.

TO JOIN SEND YOUR EMAIL TO: CAICV-HOALEADERSFORUM@GROUPS.IO with your name and the name of the HOA where you are a board member. On the subject line, please put “subscribe.”

CLICK HERE AND JOIN TODAY! If you have questions, please email me at jayj92260@gmail.com.

E.J. (Jay) Jarvis II, CMCA, CACM, is Past President, Lafayette Village Homeowners Association, Past President and On-site Manager Portola Palms Homeowners Association. Jay can be reached at Jayj92260@gmail.com.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

21


PAST EVENT PHOTOS

Looking Forward to Upcoming Events

22

Quorum April, 2020


CAI-CV’S EDUCATIONAL LUNCH PROGRAM & MINI TRADE SHOW FRIDAY, MARCH 6, 2020

ACCESSORY DWELLING UNITS GUEST SPEAKERS DEA FRANCK, ESQ. EPSTEN, APC TIM FLANAGAN, ESQ. BERDING & WEIL, LLP

THANKS TO OUR PROGRAM SPONSORS MEMBERSHIP SPONSOR PRENDIVILLE INSURANCE AGENCY

EXHIBITOR BOOTH SPONSORS AMS PAVING, INC. ANIMAL PEST MANAGEMENT BEN'S ASPHALT C.L. SIGLER & ASSOCIATES INC. CARTWRIGHT TERMITE & PEST CONTROL, INC. EMPIREWORKS RECONSTRUCTION AND PAINTING EMPIRE TECHNOLOGIES GARDNER OUTDOOR AND POOL REMODELING HORIZON LIGHTING INC. NISSHO OF CALIFORNIA NLB CONSULTING NPG ASPHALT PATROL MASTERS, INC. PRENDIVILLE INSURANCE AGENCY ROOF ASSET MANAGEMENT SECURITAS SECURITY SERVICES UGMO TECHNOLOGIES WESTERN PACIFIC ROOFING

RESERVED TABLE SPONSOR ASSOCIA DESERT RESORT MANAGEMENT

HANDOUT SPONSOR COOPER COATING, INC.

TABLE PEN SPONSOR VANTAGE POINT CONSTRUCTION, INC.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

23


FEATURE

Running an HOA During a Pandemic By Sean D. Allen, Esq.

E

veryone is actively monitoring the news for the latest updates on the coronavirus (COVID-19). We are all hopefully following the guidelines from the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and other local and national health organizations. Regardless, it goes without saying that members, homeowners, board members, community association managers, management company executives, and business partners have many questions about prevention, containment, and how to move forward during this crisis. First and foremost, please listen to the healthcare professionals and heed their advice. The CDC and other qualified health officials should be your primary source of information and guidance regarding the coronavirus threat. HOA affairs, while important, are secondary to protecting the health and wellbeing of our communities. However, while the CDC and other healthcare professionals

can guide us concerning the medical risks, we understand that business must be conducted and the day-to-day affairs of running a community association must still be managed.

HOW TO HOLD MEETINGS, IF NECESSARY In this new era of “social distancing” the traditional method of holding in-person board and membership meetings needs to be reconsidered. For now, we should all consider postponing any non-essential meetings for at least thirty (30) days and shelter in place as much as possible. This is the prevailing opinion as of the time of writing this article. However, information is changing at a

rapid rate. So much so that this article may not even still be relevant by the time it is published. Nevertheless, most association issues are not so pressing as to warrant transmitting or being infected by the coronavirus at an association meeting. Postponing meetings as much as possible to allow for adequate social distancing and self-quarantine at the outset of this pandemic is almost certainly the best approach. With that said, there is an alternative built into the California Civil Code which allows for video or teleconference meetings to be held. Civil Code § 4090(b) sets forth the following requirements for an association to hold a virtual board meeting:

"It is important to note that the law requires that at least one director, or a person designated by the board, must actually be present at that physical location." As always, the association must provide the notice and agenda for the board meeting in advance. Unless the meeting will be held solely in executive session, the notice must identify at least one physical location at which the association’s members can attend the meeting. It is important to note that the law requires that at least one director, or a person designated by the board, must actually be present at that physical location. Just like any other meeting, a quorum of the board must be present. In the case of a teleconference board meeting, this occurs when a sufficient number of directors to establish a quorum “are connected by electronic means, through audio or video, or both.” In other words, the meeting can be conducted via

24

Quorum April, 2020


FEATURE

"If we can all continue to use sound discretion and make sensible efforts to adhere, as reasonably as possible, to the laws regulating the conduct of associations while following the recommended and mandated health guidelines, we stand the greatest chance of minimizing the impact of this pandemic." conference call. Assuming proper notice was given and quorum established, the meeting may proceed so long as all of the participants and attendees, including the directors and the members, are able to hear one another. There are any number of devices which provide the capability for both audio and video teleconferencing, but this can be accomplished as simply as using a telephone on speaker mode, just so long as everyone can hear everyone else. If an open board meeting cannot be postponed for whatever reason, please keep in mind that there may be federal, state, and local government restrictions in place regarding group gatherings which may be implicated by having members congregate in a single location around a speakerphone or otherwise.

Community associations should check with their local health officials to determine if any such restrictions are in place before noticing a meeting.

WHAT ELSE BOARDS AND MANAGEMENT PROFESSIONALS CAN DO Community associations control and are responsible for their common areas. Boards may want to consider taking action to limit any potential claims of negligence or premises liability which might arise in this situation. With that in mind, it would be a good idea to implement a schedule for extensive cleaning and disinfecting common areas and common area surfaces, and to properly document the same. This could include the installation of hand sanitizer

dispensers or disinfecting wipes in the common areas for owners and guests to use. Additionally, boards should explore the possibility of closing certain common area amenities, such as gyms, clubhouses, and pools. Boards should discuss these options with their legal counsel before taking action. In the event that common areas are closed in response to the COVID-19 pandemic, notices should be posted which explain the board's reasoning, and provide an estimated time for when the areas are anticipated to reopen. Any such notices should direct residents and guests to seek additional information from the relevant governmental agencies. In short, the health and safety of ourselves, our neighbors, family, residents, staff, and management should be our highest priority at this time, and certain reasonable changes may need to be implemented in an effort to contain and mitigate the possible transmission of the coronavirus. If we can all continue to use sound discretion and make sensible efforts to adhere, as reasonably as possible, to the laws regulating the conduct of associations while following the recommended and mandated health guidelines, we stand the greatest chance of minimizing the impact of this pandemic. Sean D. Allen is a partner with the law firm of Roseman Law, APC, and is the head of the firm’s HOA department. Having exclusively represented homeowners associations and other common interest developments for several years, he has broad experience with issues and disputes that impact community associations. Sean is an active member of Community Associations Institute (CAI) in several Southern California chapters and has authored a number of articles pertaining to common interest development law and its application to community associations in California.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

25


INSURANCE

Myths and Misconceptions Common Homeowner Insurance Pain Points and How to Respond to Them By Robert Gonzalez, CMCA

H

omeowners have been telling HOA managers things like “How was I supposed to know? This isn’t my fault!” and “Nobody ever told me!” for as long as homeowners associations have existed. Try and try as you may, education by means of a newsletter or annual disclosures to members can only help if the owner actually reads them. While a number of owners like to understand, there are many who miss out on knowing how things like HOA insurance work for them, and how the HOA policy works in connection with their homeowners policy (known as an “HO-6”). This often results in questions when a loss occurs. While your insurance agent is always available and happy to address these questions and serve as a resource, it is also beneficial to understand their responses. Let’s look at some common owner demands related to water or fire losses and how to respond.

“It’s not my fault, the leak came from your pipe!” One of the very first claims I filed as an HOA manager was for a fire loss. The unit owner’s grandson called to frantically report that her furnace had caught fire. Her unit was impacted by the fire, and so was a neighboring unit. After ensuring that the fire department was on site and advising the homeowner to contact her insurance carrier for alternate accommodations through loss of use coverage, I immediately set out to identify if the fire was the owner’s fault. How could the HOA be held responsible if her furnace was the cause of the fire? I learned in the following days that the owner had actually kept meticulous records and that the furnace had recently been serviced by SEARS. That was many years ago, and long before I became a licensed insurance agent. Kitchen fires, as another example, are often caused by the unit resident. In my time as an insurance agent for HOA’s, I have spoken with managers and board members that made the same

26

Quorum April, 2020


INSURANCE assumption I did with the furnace fire. If the owner is at fault, their policy should cover the loss…right?! In short, no. Though fault does not determine whether the HOA or HO-6 policy will be primary for purposes of paying a claim, in some cases it may determine who is responsible for paying the deductible on the association’s policy. If an owner is at fault for the loss, the CC&Rs may indicate that they are responsible for the association’s master policy deductible. This can be confusing because the maintenance responsibilities for the furnace (at least in this case) belonged to the owner. The association’s CC&Rs are the key resource to help sort out maintenance and insurance requirements. When it comes to evaluating the insurance requirements in CC&Rs, your agent is a great resource, as is the HOA’s legal counsel. Steps you can take: Reach out to the insurance agent. We are happy to review with you what the HOA policy covers and what the owner’s policy should be written to cover. Ask your agent for documentation that can be shared with the membership indicating who covers what. Though this is great material for your next newsletter article, consider mailing it to the membership annually, or making it available as a resource on the owner portal or secure HOA website. How to Respond: It’s absolutely okay to tell an owner who says “It’s not my fault, the leak came from your pipe! Why should I file a claim on my insurance policy?!?” to reach out to the HOA’s insurance agent. We can explain what the CC&Rs require the HOA and/or HO-6 policy to cover in the event there is a covered loss. We can also put the unit owner in touch with the adjuster if a claim has been filed for more specifics. If you have reviewed the coverage with your agent and know how to answer this question, kudos to you! That said,

it is always okay to refer the client to the insurance agent.

“You’re going to have to pay for my hotel accommodations, I can’t live in my home in this condition!” With the earlier referenced furnace fire claim, I advised the owner to reach out to her HO-6 agent or carrier to file a claim, in addition to reporting the claim to the HOA’s insurance agent. There had been damage to the owner’s personal property and the unit was uninhabitable after the fire and smoke damage. Additionally, there was also no heat in the unit as the damaged furnace was removed. Fortunately, the owner did have an HO6 policy with loss of use coverage which paid for the owner to stay in a hotel while the restoration and reconstruction of her home took place. Loss of use coverage pays for lodging accommodations but can also respond to reasonable costs incurred for meals out. In the event that a unit is rented, the renter’s policy can include loss of use coverage. In this case, the owner’s policy would have loss of rent to protect the owner from the tenants not paying rent while the damaged home remains uninhabitable after a loss. Water or fire loss is a traumatic event for a homeowner or tenant, and this often escalates the tone of the conversation with both management and the insurance agent. The most common response is to demand that the HOA pay for hotel accommodations. It is important for managers to know that California Civil Code §4775 establishes that owners are responsible for the costs of temporary relocation, not the HOA. Steps you can take: Find ways to communicate the importance of loss of use coverage to your associations. A newsletter-ready article on a recurring

basis is the most commonly used method of getting this message out. This can also be included in the letter prepared by your agent for the membership. Invite your agent to attend a board meeting annually and invite the membership to discuss what is covered by the HOA policy before a loss occurs. Agents are always happy to discuss loss of use and loss of rent coverages and educate owners about the benefits of these crucial insurance coverages. How to respond: Most managers have had this unpleasant conversation a number of times. While it may be tempting to throw the book at your disgruntled homeowner and say: “Civil Code actually says you are responsible for the cost of hotel accommodations,” remember that they may not have been properly educated by their HO-6 agent. If they have a HO-6 policy, ask them to reach out to their agent and file a claim. Recommend that they discuss loss of use coverage. If they do not have a HO-6 policy, the agent for the HOA policies can be a great resource.

“I pay for this policy, you better open a claim!” or “My Agent said you have to file a claim.” Contrary to popular belief, owners contribute through regular assessments and are eligible to file a claim on the HOA policy. The demand to file a claim may come from the impacted unit owner, or the adjuster for their HO-6 policy. In the furnace fire example, the owner was advised to file a claim with her HO-6 carrier and as fire is a covered loss, her personal property and lodging accommodations were covered by the HO-6 policy. Always encourage the resident and unit owner to contact their agent and file a claim on their HO-6 or renters’ policy as there are items that the HOA policy

CAI-CV.org

facebook.com/CAICV

@CAI-CV

27


INSURANCE will not cover, even if the HOA policy includes the unit interior finishes. “I did file a claim and my adjuster said I should reach out to you. He/she said you have to file a claim on the HOA policy,” is a possible response. Remember that fault is not the primary consideration, as the cause of the loss determines whether a claim is covered. Fire and water-related issues are commonly covered losses. In the case that the owner has contacted their HO-6 carrier, their adjuster has likely requested the HOA certificate of insurance and CC&Rs to identify that the HOA policy is primary. This is typical, and means that even if an owner has coverage, the HOA’s policy is to pay first even if the owner’s policy covers the same damages. This is one reason that it’s important to evaluate the policy deductible, as it can help avoid excessive claims. Steps you can take: Evaluate the loss history annually with the HOA’s agent and know the deductible on your HOA’s policies. If most losses exceed the association’s $2,500 deductible, it may be time to consider an increase. Communicate with your agent about how they handle claim demands. It is common practice to contact the manager before filing certain claims but be sure this is the case with your agent. Know how you will handle notifying and involving the board of directors. How to respond: If they have not already done so, encourage owners to file a claim with their HO-6 carrier. If they have and the adjuster has advised them to contact you or the HOA policy’s agent, ask for documentation for remediation and rebuild. Advise the owner or adjuster that you’ll evaluate the coverage and the CC&Rs with the association’s agent and be back in touch. Take notes on what happened, where and when the loss occurred and steps that have been taken thus far. Avoid telling owners that the HOA policy does not cover the loss due to the loss having started in their unit. Reach out to your agent, and we’ll help guide you through the process from there. When in doubt, please reach out to your agent and allow us to partner with you in challenging insurance-related situations. The above conversations are sometimes daily experiences for us, and we are happy to assist. We hope the proactive suggestions help avoid some of these difficult conversations altogether but are always here as a resource to you in either case. Robert Gonzalez, CMCA, is a Commercial Insurance Specialist with Kirk Miller Insurance Agency, Inc. Robert can be reached at (925) 334-5700 or by email to robert@kirkmillerinsurance.com.

28

Quorum April, 2020


HOA LAW

How HOAs Can Cope with COVID-19 By Kelly G. Richardson, Esq., CCAL

I

n the past few weeks, as the COVID-19 aka “coronavirus” proliferated globally, local, state, and some national governments have taken strong measures to ban groups from congregating and ordering non-essential businesses to close. Here are some suggestions which may help associations through these unprecedented and difficult times. BOARD MEETINGS. Boards are not banned from holding meetings, because most boards are less than 10 members. However, because board meetings are open to attendance by HOA members, how does the board restrict the group of attendees from becoming too large? Furthermore, if a board honors the “stay at home” directive, does that mean the board must halt meetings? Fortunately, Civil Code Sections 4090 and 4925 specifically allow for video or telephonic board meetings. The requirement is that all directors and any attendees be able to hear the director deliberations. Careful consideration should be given to the various web-based platforms supporting on-line audio or video meetings, because they allow the organizer of the meeting to selectively mute attendees. This allows open forum to proceed, with members able to speak to the board, and then after open forum the attendees can be muted so they can hear but not participate in the board’s deliberations. MEMBERSHIP MEETINGS. Although the Davis-Stirling Act does not provide for HOAs to conduct electronic membership meetings, membership meetings may be conducted electronically under Corporations Code 7510. However, HOAs are the only California corporations not permitted to use Corporations Code 20 and vote electronically (Civil Code 5115 still requires the double envelope secret paper ballot process) so the agenda could be pursued via conferencing services, but paper ballots would have to be received and counted in person. “Town Hall” meetings, in which the association convenes the members for a discussion but no decision, might be particularly appropriate in these times.

ASSESSMENT COLLECTION HALT? On March 16, the Governor issued Executive Order N-28-20, which, among other things, temporarily bans foreclosures. This does not mean that members may suspend paying their assessments – the HOA still must pay the community’s common expenses, and late charges and collection costs would still attach. Associations should consult legal counsel before initiating a non-judicial foreclosure or filing a judicial foreclosure action. COMMUNICATION. Some HOA presidents I know are already doing an excellent job of providing increased regular updates via email to all owners who have provided their email addresses. Homeowners should provide their email addresses to the association. All HOAs should increase their communication to members, to keep members connected to the HOA and each other. FACILITIES AND AMENITIES. Some counties have ordered playgrounds, swimming pools and gyms closed during the crisis. Many associations are concerned about whether all their amenities should be closed. This decision should first involve a check with the county health department to see if a mandatory closure applies. If closure is optional, the board should seek advice from the health department or other appropriate source. BROTHER’S KEEPER. In this crisis, governments and HOAs can only do so much. Each of us must be our brother’s keeper. Since World War II, the American people have not been asked to so dramatically sacrifice for a cause – and we can again defeat THIS enemy if we all work together. Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Senior Partner of Richardson Ober PC, a California law firm known for community association expertise. Submit questions to Kelly@RichardsonOber.com. Past columns at www.HOAHomefront.com. All rights reserved®.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

29


2020 TITANIUM SPONSOR SPOTLIGHT CAI-CV

Proudly serving The Coachella Valley since 1981!

AMS Paving is one of the most respected paving companies in Southern California, proudly serving the Coachella Valley for nearly 40 years. In that time, we have earned the trust and respect of countless homeowners, board members and community association managers. AMS Paving was founded in 1981 by Bill Hawkins. In 2002, Liz Williams, Vice President, was added to the AMS Paving team after 10 years of success in the community management industry. Together Liz and her husband Bill Hawkins have been the driving force behind AMS Paving’s growth and increased capacity to respond to the needs of our clients. Liz has been a committed and influential leader in CAI, serving in various capacities including member of the Board of Directors and serving on multiple committees. AMS Paving has been active in multiple chapters of CAI for the last 20 years. Our services include asphalt replacement and new paving, overlays, patching, sealcoating, striping, ADA compliance and asphalt education for managers. Having completed countless projects in the Coachella Valley we understand the local weather and geological issues and how they change the way paving is performed. When you need an honest paving company with the highest level of integrity and years of quality workmanship, you need AMS Paving. AMS Paving is proud to be affiliated with CAI-CV as a Titanium Level Corporate Sponsor, and as a CAI Educated Business Partner, we are committed to its success and the attainment of its goal to improve the quality of life for the communities we serve.

Pave

Protect

Perform

760.327.0800 ● amspaving.com ● Lic: #415436 75-150 Sheryl Ave., Ste. D, Palm Desert, CA 92211

Thank you to AMS Paving for their generous support of CAI-CV! 30

Quorum April, 2020


WATER WISE

CVWD Announces $59 Million Loan to Improve Stormwater Protection By Katie Evans

T

he Coachella Valley Water District (CVWD) and the The North Indio Regional Flood Control Project will connect Environmental Protection Agency (EPA) recently signed the flood channels from Sun City Palm Desert to those of Sun a $59 million loan to help finance two key stormwater projects. City Shadow Hills, acquire 193 acres of land and construct The EPA’s Water Infrastructure Finance and Innovation a new 3.3-mile channel to the Coachella Valley Stormwater Act (WIFIA) loan will save CVWD an estimated $9.8 million Channel. It will reduce stormwater runoff and debris flow compared to typical bond financing. to North Indio and parts of the unincorporated county. This “These projects are vital to our ability to provide regional project will reduce flood risk to nearby communities and stormwater protection to the remove flood insurance requireCoachella Valley,” said CV WD ments for residents in the area. General Manager Jim Barrett. The Coachella Valley Stormwater “Securing this loan means that we Channel Improvement Project will "THE COACHELLA VALLEY can undertake these important projincrease the capacity of two miles of STORMWATER CHANNEL ects and reduce the financial burden the storm channel between Avenue to our customers by spreading it over 54 and Avenue 58 for a possible 100IMPROVEMENT PROJECT time.” year flow. With 16 storm channels totaling To secure the WIFIA loan, CVWD WILL INCREASE THE 134 miles within its boundaries, sought its first credit rating and was CAPACITY OF TWO MILES CVWD protects nearly 600 miles of awarded a triple A rating. Because the Coachella Valley from flooding. of that high rating the loan carries OF THE STORM CHANNEL “We are excited to support CVWD a 1.96% interest rate and a long-term on this level,” said EPA Pacific payout schedule. BETWEEN AVENUE 54 AND Southwest Water Division Director “Paying for almost half of the AVENUE 58 FOR A POSSIBLE costs of these two key projects with Tomás Torres. “Communities like the Coachella Valley experience real, an ultra-low cost, long-term loan 100-YEAR FLOW." on-the-ground benefits when they permits the District to preserve our are able to improve critical water financial flexibility,” said CVWD infrastructure for flood protection.” Finance Director Geoffrey Kiehl. With the WIFIA loan and other “We appreciate the tremendous help available funds, both projects are expected to be substantially that the EPA staff provided in guiding us through their loan completed in 2023. application process.” “These projects are part of our ongoing commitment to Katie Evans is Director of Communications and reduce flood risk in the Coachella Valley to protect life and Conservation for the Coachella Valley Water property,” said CVWD Board of Directors President John District. She can be contacted at Powell Jr. kevans@cvwd.org.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

31


MANAGERS NEED TO KNOW

Dealing with the Coronavirus – A Manager’s Perspective By Steven Shuey, PCAM and Rhonda Drews, PCAM

T

hey say it started in China back in December of 2019, but California really saw the impact last month when the Governor issued a “Shelter in Place” order to everyone in the state. The issue, of course, is the coronavirus, a very contagious and lethal disease that is troubling the entire world. Boards of directors, management companies and the managers heard the governor’s call to stay at home. Most did just that. Unfortunately, no one took the time to identify the fact that association management was considered an “essential service” until a few days had passed. Boards were asking their attorneys what they should do about their meetings, other activities, and common areas. Managers were taking the safe route of recommending teleconference board meetings for the immediate future while waiting for recommendations from their legal advisors. The top issue on everyone’s mind has always been the safety of employees and residents. Emails soon began flying back and forth from business partners, managers and board members. They all said pretty much the same thing, “We want to take care of your community’s needs but safety for the people involved is our first concern.” At Personalized Property Management (PPM), President Rich Warfield, took immediate action for the safety of his staff and protection of the company’s clients. Thankfully, their office was already set up technically to react to this issue without missing a step. They already have a “virtual office” phone system in place where each staff member’s desk phone is on their computer and on their cell phone, allowing them to take calls from the office switchboard and transfer calls between staff as needed, at work, at home, or out in the field. PPM’s immediate concern was making sure their staff and families stayed healthy. Rich directed the staff to start working remotely from home. The staff was ready. Fortunately, the systems were already in place and client calls were handled as if nothing had happened. Managers started working with

community associations to arrange for teleconference board meetings. At the same time, the office was closed to in-office foot traffic. By the time the governor announced the order to stay home, the PPM staff was already working from home. PPM’s staff now hold weekly video conference meetings via the virtual office phone system, which had been undergoing testing the previous two months and was up and running in time to help them cope with the coronavirus crisis. The company’s computer system has been remotely accessible for several years, so it, as well, was able to handle the new “work at home” environment. RealManage, where Rhonda Drews is the Regional Vice President, also took swift action in regard to COVID-19 outbreak and began communicating to their employees regarding safeguards on dealing with COVID-19 immediately. Shortly thereafter, the offices were closed, and managers were directed to work from home and business continued to run as usual. RealManage staff are fortunate as the company issues laptops to all their managers which are equipped with web-based management software, including a VoIP telephone system integrated with teleconferencing abilities. That eliminated any need to forward phones or utilize personal cell phones. Most important, association residents didn’t have to start calling an alternative number for service. Staff is now staying connected and addressing any concerns or hurdles with weekly meetings via video conference. Managers are focused on guiding their boards through these uncertain times. They also were sure to communicate with all residents and assure them of the extra measures being taken to protect their team members, owners and board members. Managers also provided board members with resources which outlined suggested precautions they could impose to protect themselves and their communities. In addition, RealManage published a blog outlining tips for health and safety in a community association. Some of those tips are:

"THE TOP ISSUE ON EVERYONE’S MIND HAS ALWAYS BEEN THE SAFETY OF EMPLOYEES AND RESIDENTS."

32

Quorum April, 2020


MANAGERS NEED TO KNOW • Stay informed about the local COVID-19 situation • Communicate frequently with key community partners • Provide information to residents that explains why and when on-site operations and services may be temporarily scaled back or closed, or when the community might be closed to non-essential visitors • Distribute health messages and materials to residents, volunteers, and the community • Provide COVID-19 prevention supplies to staff and volunteers

Steven Shuey, PCAM and Rhonda Drews, PCAM, are both directors for CAI-CV and serve as co-chairs of the Chapter’s Education Committee. Steven serves on the CAI National faculty and is a past board member of CAI’s APCM. He is a community association consultant with Personalized Property Management. In January 2017 he was awarded the Lifetime Achievement Award from CAI-CV. Steven may be contacted at IslandMgr@aol.com. You can follow him on Twitter (www.twitter.com/@IslandMgr) Rhonda Drews, PCAM, is Regional Vice President with RealManage here in the Coachella Valley. In January 2020 Rhonda was awarded the Distinguished Service Award from CAI-CV. Rhonda may be contacted at rhonda.drews@ realmanage.com.

• Address the concerns of board members, homeowners and volunteers who are at high risk for COVID-19 complications Quorum learned that most of the Valley’s management companies took similar actions to maintain continuity of service for their HOA clients. All the management companies we talked with have moved to a virtual office working environment by utilizing teleconference or video conference, and shutting down in-office meetings, making safety of all concerned their highest priority. With the management firms conducting business as usual, they can address HOA board member’s concerns about how to treat common areas, closing pools and handling other board business. We are grateful to our attorney firm partners who have gone out of their way to provide timely information on how to handle many of the new issues being raised by the coronavirus, social distancing and remote working conditions. We want to remind CAI-CV members that no one in the country has dealt with this kind of issue before and we are all “learning as we go.” The most important thing is to remain calm and positive. Managers should continue to handle their workloads with confidence, remembering this is what we are trained for, handling the unusual.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

33


INSURANCE

Essential Association Business:

Inspections!

Continuing your Association’s Inspections in the Time of Coronavirus By Chris Sigler, B.S.C.E., CDT and Mike Rey, Farmers® Insurance Many active boards, committees and management companies have become accustomed to performing regular (or at least semi-regular) walk-throughs to stay in tune with the community’s needs. These walk-throughs are a vital part of a well-run community and provide important observations that must be addressed. Many of these investigations could be done by professional advisors instead of board or community members. For the foreseeable future it seems these types of walk-throughs should continue to be done but now with proper social distancing. Group walk-throughs are not recommended at this time, if they can be avoided.

WHICH INSPECTIONS CAN BE (OR SHOULD BE) DONE BY PROFESSIONAL ADVISORS?

I

n today’s new normal, uncertain as to the long-term effects of our day-to-day lives, our communities need to continue operations deemed as “essential business” by the State. How do we tackle some of our regular business and stay within “social distancing” protocols? How do we perform our regular inspections of our community to keep things properly maintained? One of the most important and valuable tools that association managers and board members can deploy is the use of professional advisors to gain guidance for the many risk-management decisions that must be made by boards during a time of crisis. This is critically important when resident’s lives are involved. If we were to advise boards about the most important thing to do in a crisis like we are facing now, it is to USE PROFESSIONAL ADVISORS. Professional advisors include community managers, insurance professionals, reserve study analysts, construction consultants, accountants, attorneys and any licensed professional. Get advice from them in writing and when you take their advice, put it in your minutes. Fortunately, much of their work is done without the need for group gatherings and most times does not require face-to-face interactions with their clients to conduct their work, so you can get their advice while complying with social distancing.

34

Quorum April, 2020

Outside of board and management walk-throughs and internal inspections, the following types of inspections should, and in some cases, must be done by a professional advisor: • Insurance inspections – for hazard and risk identification – should be done by your insurance professional. • Reserve study inspections – for inventorying general conditions and useful life of reserve components – should be done every three years by your reserve analyst. • Building envelope inspections – for structural balconies, stairs, waterproofing, roofing, etc. – should be done by a construction consultant, engineer or architect. With the passing of SB 326 (Elevated structure inspections), this will be required. Examples: roofing, asphalt, balconies/decks, stairs and handrails, exterior cladding, and windows. • Specialty system inspections such as fire protection, mechanical, electrical, pools, etc. – should be done by an expert or consultant for the specific specialty needing attention and/or inspection. Examples: heating and air conditioning, electrical, elevators, pool and spa, fire protection/sprinkler systems. All of these inspections are vital for our essential businesses, and should continue to the greatest extent possible, to maintain the physical health and well-being of the community.


INSURANCE INSURANCE INSPECTIONS Some boards and managers like to do walk-throughs with their insurance professionals, when given the opportunity. For now, during the coronavirus outbreak, it is strongly suggested that these types of inspections are initially performed by the insurance professional, without the need to join in. Your insurance people are not only there to sell you policies – they truly want to protect your risk and can do the inspections and report back to the boards electronically and photographically, the ultimate in social distancing!

Examples of areas that need regular risk assessments:

✓ Trash and garbage areas: These areas can accumulate an abundance of trash if not kept on a regular trash pickup schedule. At communities that have trash chutes, it is even more important that the trash fire doors are not blocked or hindered in any way, and properly lit.

✓ Trip hazards:

Sidewalks, walkways and lawns are important because these areas are where trip/fall hazards are frequent. Areas of overwatering could create mud that can also become a trip/fall hazard. Sprinkler heads that are not retracting can cause a trip/fall hazard.

✓ Gates and fencing:

Privacy gates and fencing should be checked for proper function and should be on a regular maintenance schedule. Proper signage should also be used to warn residents that one car per opening is allowed.

✓ Playgrounds: Make sure that you have a good ground cover such as a soft rubber surface or wood chip cover. Inspect for loose handles or stairs and if there is any anti-slip step covering.

✓ Recreation and fitness rooms:

Recreation and fitness rooms should be checked for hard flooring or carpeting that could cause trip/fall hazards; fitness equipment should be on a regular maintenance schedule. Inspect for proper lighting and ensure that rules are posted in clearly visible areas so that users know what is expected while using the amenities.

✓ Lighting:

Make sure common areas and walkway lighting is clear and operational throughout the property and that it is timed properly and adjusted for daylight savings time. If your community has emergency lighting, these should be checked or tested annually for proper functioning. CAI-CV.org

facebook.com/CAICV

@CAI-CV

35


INSURANCE of the association. Given the board’s responsibility to keep things in working order, inspections and repairs of essential building components and systems will need to also continue during the outbreak. Safety must always be the highest priority; structural integrity, roofing and waterproofing are paramount to keeping buildings healthy. We always recommend the use of professional advisors, especially with new technologies and rapidly changing market conditions.

What types of professional advisors can help with balcony inspections? • Engineers (structural, mechanical, electrical) • Construction and roofing consultants • Architects • Specialty contractors or consultants

RESERVE STUDY INSPECTIONS Reserve studies are essential and must go on during this difficult time! Thankfully, reserve inspections should not really be affected at all and should go on as needed and scheduled. The reserve analyst that makes the site visit would normally do so independently, with the prior year’s data in hand. These inspections in most cases are not “guided” or joined by a committee or board member but if that is desired, it is recommended that only one person join the analyst, and that the recommended social distancing protocols are in place. Another piece of good news is that full site visits are required every three years, with annual “soft” updates in between that do not require site visits. The three-year reserve study inspections are observational only, and do not usually report on component condition. Reserve study inspections are intended to inventory all the association’s components from the ground to the rooftops. They quantify all components that exist that are under the association’s responsibility and attempt to predict the remaining useful life of all those components.

BUILDING ENVELOPE, SB 326 BALCONIES AND SPECIALTY SYSTEM INSPECTIONS During the coronavirus outbreak, associations must continue to maintain safe, watertight and properly functioning building systems as required within the governing documents

36

Quorum April, 2020

Some systems are required by code, law or ordinance to be inspected by a licensed specialist. In the case of elevated, wood-framed structures such as balconies, stairs and walkways, the new requirements of SB 326, referred to by many as “the balcony bill,” requires that such inspections be performed by a professional advisor, stamped by a licensed engineer or architect. Thankfully, most of the inspections of these elevated structures can be done by an inspector on the exterior of the structure without the need for interaction with others, making social distancing very simple. In this case, inspections are required by law and should proceed! Many other building systems need a specialist – HVAC, electrical, structural, landscaping, pools/spas, and many more – and they can continue to serve your community during the coronavirus outbreak. Keep maintaining and inspecting your communities to ensure the safety of all residents! By calling upon professional advisors, you can keep your HOA safe, well-kept and well-run in the age of COVID-19, while keeping members, managers and advisors safe at the same time. Chris Sigler is the President and owner of C.L. Sigler & Associates, Inc., a construction management and consulting firm that exclusively serves the HOA industry. He is a civil engineer by trade, with 30 years of engineering and construction experience, and is certified with the Construction Specifications Institute (CSI) as a Construction Documents Technologist. Chris can be reached at (760) 469-3048 or by email at chris@siglercm.com. Mike Rey is the President of Rey Insurance Services, a FARMERS® Insurance Agency. Mike can be reached at (949) 487-9661 or by email at mike@ReyInsuranceServices.com.


WATER WISE

Work Today for a Better Tomorrow By Michele Donze

I

n April, we celebrate Earth Day on Wednesday, April 22. This year marks 50 years of Earth Day. While many Earth Day events around the country are being postponed, we have been told the national celebration will proceed. Founder of Earth Day, Gaylord Nelson, a U.S. Senator from Wisconsin, came up with the idea for a national day to focus on the environment after he witnessed the destruction of a massive oil spill off the coast of Santa Barbara in 1969. Celebrated every April 22 since 1970, the goal of Earth Day is to celebrate the environmental movement and raise awareness about pollution and ways to maintain a clean habitat. Each year, Earth Day has a theme, and this year’s theme is climate action. Climate change is the biggest challenge to our future and the life-support systems that make our world habitable. If you want to get involved in taking care of the earth every day, below are the top ten things you can do: 1. Conserve Water 2. Be Car-conscious 3. Walk, Bike or Take Public Transit 4. Reduce, Reuse, Recycle 5. Give Composting a Try 6. Switch to LEDs 7. Live Energy Wise 8. East Sustainable Foods 9. Plant a Tree (or Two) 10. Give Up Plastics In April, we also celebrate Water Week, from Sunday, April 26 to Saturday, May 2. WaterWeek.us states that “Water Week is the only national policy event of the year that draws together water professionals from across the country to advocate for the unique needs of drinking water and clean water utilities. It is not only an opportunity to advance policy priorities for the water utilities, including greater federal

investment in water infrastructure, but also to celebrate the role these utilities play in communities nationwide.” The Association of California Water Agencies (ACWA) summarizes it well: “Our local water agency delivers the product that no one can survive without: safe and reliable water. Since the days of the earliest irrigation districts more than a century ago, local communities have entrusted public water agencies to work on their behalf. As the job of managing and delivering water has grown more complex, local water agencies have become increasingly sophisticated. Today, they are aggressive proponents of water-use efficiency, leaders in water quality research and treatment, and innovators of new technologies such as advanced water purification and desalination.” Water agencies also have a proud history of working collaboratively with other water agencies and other forms of local government to meet regional and statewide needs. Sometimes, voluntary consolidations have occurred to enable agencies to operate more efficiently and comply with safe drinking water and clean water regulations. CV Water Counts is one such consolidation; to find out more, visit cvwatercounts.com. CV Water Counts is a non-profit collaborative that was formed to focus on water conservation, through awareness and education to Coachella Valley residents, businesses and government. It is comprised of the Coachella Valley's six water agencies: City of Coachella/Coachella Water Authority (CWA), Coachella Valley Water District (CVWD), Desert Water Agency (DWA), City of Indio/Indio Water Authority (IWA), Mission Springs Water District (MSWD) and Myoma Dunes Water Company (MDWC).

Michele Donze is the Office Manager/Systems Coordinator at Myoma Dunes Water Company. Michele can be contacted at michele@myomawater.com.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

37


Fiore racobs & Powers A PROFESSIONAL LAW CORPORATION

•Landscape Management

A FULL-SERVICE LAW FIRM DEDICATED TO THE SUCCESS OF COMMUNITY ASSOCIATIONS SINCE 1973

•Arbor Service •Landscape Design •Landscape & Hardscape Installation •Water Conservation Specialist •Growers of Exotic Palms & Desert Accents

We value and respect your landscaping investment and are dedicated to you and your satisfaction.

Phone: 760- 343-0162 • Fax: 760-343-4804 P.O. BOX 265 Thousand Palms CA 92276 Email: office@proland-inc.com

> Legal Opinions > Enforcement > Governing Document Amendments > Contract Review > Assessment Collections > Litigation > Elections/Annual Meetings > General Legal Services THE RECOGNIZED AUTHORITY IN COMMUNITY ASSOCIATION LAW

www.prolandscapingca.com

FioreLaw.com / 760-776-6511

Honesty, Quality, Integrity. These guiding values have allowed AMS Paving to become the #1 choice for community associations in the Coachella Valley. Proudly serving The Coachella Valley since 1981!

Our Services: • Asphalt Repair, Patching & Crack Seal • Asphalt Removal & Replacement • All types of Slurry Seals • ADA Compliance • Striping

Pave

Protect

Perform

760.327.0800 ● amspaving.com ● Lic: #415436 75-150 Sheryl Ave., Ste. D, Palm Desert, CA 92211 38

Quorum April, 2020


MAINTENANCE & RECONSTRUCTION

The Annual Overseed or Inter-Seed Process By Glenn Miller, CGCS

T

he prospect of overseeding grass often seems like such a chore to most homeowner associations but it is an important process to support healthy turfgrass and property aesthetics. Besides the annual scalping and seeding process to cover the dormant bermudagrass there is much more to keeping quality turfgrass year-round. Over time, encroaching weeds, high foot traffic, soil encroachment, pet issues and inhospitable levels of precipitation can thin turfgrass. Homeowners may come to believe that having a healthy lawn is beyond their reach, or that it requires excessive maintenance. In truth, there are a few key principles of reseeding that can get homeowners back to healthy turfgrass in a relatively short time. Prior to a reseeding, it is generally beneficial to aerate the soil. As a lawn grows older, it can suffer from soil compaction resulting from a number of sources. Automobiles, golf carts, foot traffic, and weight bearing machines can all wreak havoc on soil aeration. This leads to shallower root systems as well as a lower tolerance for dry spells, which can quickly produce bare patches in the lawn that will not recover without reseeding. Fortunately, soil aeration is neither complex nor expensive. Many hand-driven aerators also have attachments that let them double as seed distributors, so homeowners with moderately sized lawns may accomplish both tasks quickly.

"SPOT TURF REPLACEMENT IS ALSO AN OPTION FOR HOMEOWNERS WHO DO NOT WISH TO RESEED THE ENTIRE LAWN." If homeowners frequently allow their grass to grow tall before mowing the lawn, there may be significant buildup of organic material at the surface. It is necessary to remove this prior to aeration and reseeding to ensure that the new grass has sufficient oxygen to take root. Spot turf replacement is also an option for homeowners who do not wish to reseed the entire lawn. Prior to tilling and aerating the bare patches, however, homeowners should make their best attempt at remembering how the bare

patch came to be. If there was a clear reason for its development such as fertilizer spillage or high foot traffic, then there is probably no cause for concern. If the bare patches instead seem to appear for no reason, homeowners may want to consider looking into local pests, diseases or irrigation issues. Proper timing is also essential for the reseeding to have its maximum effect. Your landscape company should put down new seed with enough time for lawn to establish its roots prior to the first frost, but after the full heat of the summer. Remember that grass seed remains quite fragile for its first few weeks (or months, depending on the variety of grass planted). Take care to reduce wind and rain exposure by putting down a light covering of compost over bare patches or lightly cover turf areas. This will also help keep the fledgling seed in place. Homeowners can also take this opportunity to supplement their old lawn with new varieties of grass seed. Grasses native to arid areas may be used to lower water requirements, while different varieties of bermudagrass offer depth and color. Remember, proper preparation practices make for a healthy and beautiful lawn. Glenn A. Miller, CGCS is Vice President of Operations for Southwest Landscape & Maintenance, LLC and United Landscape. They are located at 45-100 Golf Center Parkway, Suite E, in Indio. Glenn is also a member of the City Council for the City of Indio. Glenn can be reached at (760) 590-8544 or by email at Glenn@SWLandscape.net.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

39


FEATURE

Construction and Nuisance in California During the Stay-at-Home Order By Steve Roseman, Esq.

O

n March 19, 2020, California Governor Gavin Newsom signed Executive Order N-33-20 directing all individuals living in the State of California to stay at home except as needed to maintain continuity of operations of essential critical infrastructure sectors (“Order”). In accordance with this Order, the State Public Health Officer designated a list of “Essential Critical Infrastructure Workers” to enumerate sectors of workers considered “essential” and thereby exempt from the stay-at-home order.

providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences have been designated as “essential” by the State Public Health Officer, and therefore, residential construction work continues. With this work continuing, a potential issue has arisen as to whether or not the construction work – which normally would have less of an effect on neighboring homeowners under normal circumstances – is now something that could be considered a nuisance as many that were not before,

interfere with the comfortable enjoyment of life or property … or any public park, square, street, or highway.” The legal definition is very broad. In the case of Monks v. City of Rancho Palos Verdes, the Court in discussing what constitutes a nuisance stated that the interference must be “substantial and unreasonable.” Monks v. City of Rancho Palos Verdes (2008) 167 Cal.App.4th 263, 302 (cross-citations omitted). The Court in Monks further established an objective standard for which a nuisance is to be evaluated by

"In the case of Monks v. City of Rancho Palos Verdes, the Court in discussing what constitutes a nuisance stated that the interference must be 'substantial and unreasonable.'"

The effect of this Order has been an unprecedented number of Californians now telecommuting from home workspaces in the recent days. But with this large segment of California residents telecommuting and therefore being home during regular business hours, novel potential legal issues have arisen. One such issue is due to the fact that workers such as plumbers, electricians, exterminators, and other service

40

Quorum April, 2020

are now home to be affected by the noise that is associated with construction work.

NUISANCE Civil Code Section §3479 defines a “nuisance” as: “Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or [anything that] is indecent or offensive to the senses … as to

articulating that a nuisance exists only if the conduct would be substantially and unreasonably offensive or inconvenient to a normal or average person. Id. In addition, “To determine whether an invasion of a person’s interest in the use and enjoyment of his or her land [is] substantial … the degree of harm is to be judged by the objective standard of the effect the invasion would have on persons of normal health and


FEATURE

sensibilities living in the same community.” Restatement (Second) of Torts § 821F. Accordingly, a nuisance does not necessarily exist because a person claims an act or condition constitutes a nuisance. Extraordinarily sensitive people may claim a “nuisance” exists when an objectively normal or average person would not.

POTENTIAL ISSUE RELATED TO THE ORDER While on its face, it may appear easy to assert that the noises commonly associated with construction would constitute a substantial and unreasonable interference with the enjoyment of property, and such noises would be substantially and unreasonably offensive or inconvenient to a normal or average person – particularly when a person is attempting to complete a normal work day from home – there are other factors to be considered due to the irregularity of the situation. In the majority of construction projects there is an underlying contract. The contract will contain any number

of provisions, possibly including those dictating the duration of the project, and a projected date of completion. Any delays in a construction project can have a negative effect on all parties involved. On the one hand, if it is an individual person whose residence is under construction, that person may be displaced or inconvenienced while the project is ongoing. Or if a portion of a homeowner’s association common area is under construction, multiple – and in some cases all – homeowners may have an interest in having the project completed as soon as possible. On the other, not completing the project on time may subject a contractor to penalties and possible breach of the construction contract, as well as any extra costs for labor and other items. What we see is a novel balance of equities that must be considered when addressing a situation in which a homeowner potentially complains about the noises associated with a construction project on the basis of nuisance, when the noises occur during normal business hours. While a nuisance complaint is initially a neighbor-to-neighbor issue,

if in the case of a homeowner’s association, the complaints are submitted to the board of directors (“Board”), the Board must make multiple considerations when deciding on how to respond. One consideration is that taking action against a single resident for whom the construction project is ongoing could interfere with the contractual relationship between the homeowner and contractor, as attempting to restrict construction during business hours would essentially leave no other time for construction to continue, ultimately leading to a delay in the project finishing, and causing damages to either party to the contract, to which the Association may be sought to be held liable. Another consideration is that the construction project noise may render it virtually impossible for a neighboring resident to be able to run their business or complete their required work tasks, when they have no other option but to work from their residence due to the Order.

CONCLUSION Because this type of potential situation is one that has not been fully explored and tested due to it being a product of unprecedented circumstances, a Board must be sure to consult the advice of legal counsel before acting, in order to figure out how to best address the situation while avoiding potential liability for the Association. Ultimately, the resolution of these issues will likely require the Board to act reasonably and balance the hardships on the parties to protect the interests of each side as much as possible. Steven A. Roseman, Esq. is the Managing Partner of Roseman Law, APC. Roseman Law has clients in the Coachella Valley, Los Angeles, Orange County, Inland Empire, San Diego and Nevada. You can reach Steve at roseman@roseman.law or by phone at (760) 760-2000.

CAI-CV.org

facebook.com/CAICV

@CAI-CV

41


FEATURE

Board Expectations of a Community Manager By Sabina Dorn

I

t is important that all board members of a homeowner’s association are familiar with and have read their management contract. The contract usually lists the service agreed upon and reflects the expectations of the management company and the community manager for the provided price. If an association would like additional service, the contract can always be re-negotiated. From a homeowner association’s perspective, the qualities of a “perfect” community manager include a multitude of various skills, almost like a “jackof-all-trades.” Some basic general trades are: Good Customer Service skills and effective communication, being friendly, a “can do” attitude and wanting to help people. Response time and availability is important as well.

BUSINESS WRITING Besides correct grammar and formatting, the essence of good business writing is: keep it simple, keep to the point and keep it short. Remember the Three Cs – Clear, Complete and Concise. Clear and concise language is the key to getting a message across. Directness is the quality of being straightforward and concise, stating a main point early and clearly without embellishments or digressions. In order to communicate effectively a balance between directness and politeness needs to be maintained. A letter or email is like a “business card” of the association and its high standards. First impressions count and it should reflect how the association would like to be regarded.

conclusions and solutions, testing them against relevant criteria and standards; • thinks open-mindedly within alternative systems of thought, recognizing and assessing, as need be, their assumptions, implications, and practical consequences; and • communicates effectively with others in figuring out solutions to complex problems. Critical thinking is, in short, self-directed, self-disciplined, self-monitored, and self-corrective thinking.

Financial

Accounting Statements

Specific skills desired are:

Finance

12 RULES FOR BUSINESS WRITING 1. Get to the point as

ACCOUNTING/FINANCES

quickly as possible

2. Write to express not impress

3. Be clear and concise 4. Profer the simple to the complex

5. Use 20 words or less in your sentences

6. Write in a conversational and polite tone

CRITICAL THINKING/ REASONING A well cultivated critical thinker: • raises vital questions and problems, formulating them clearly and precisely; • gathers and assesses relevant information, using abstract ideas to interpret it effectively comes to well-reasoned

42

Quorum April, 2020

Leadership skills are the strengths and abilities individuals demonstrate that help to oversee allocate resources to achieve those directives. Valuable leadership skills include the ability to delegate, inspire and communicate effectively. Other leadership traits include honesty, confidence, commitment and creativity. Sabina Dorn is the president of St. Augustine Community Association and a retired business executive. She serves as Co-Chair of the on the Homeowner Leader Committee .


CREATIVE | BRAND | CONSULTING Proud to be a part of the 2018 award winning CAI-CV team!

(714) 293-3749 BissellDesign.com

CA LIC. #907600 AZ LIC. #286198

www.brsroofing.com

CAI-CV.org

facebook.com/CAICV

@CAI-CV

43


POOLS

The Silent Battle T

here is a very quiet, yet persistent battle waging beneath the calm surface of a swimming pool. From the moment a new pool finish is applied to a pool or spa and filled with water, the battle begins. We have all heard the expression, “Water seeks its own level.” Well, that also applies to water chemistry. Water naturally seeks equilibrium or "its own level." If, for example, the water being used to fill the pool has low calcium hardness levels, unless the pool maintenance technician remedies this by adding calcium chloride during the fill to proper levels, a minimum of 200 PPM, water will attempt to find this balance by leeching calcium out of the pool finish. This practice will help prevent the leeching process from occurring. This must be combined with being careful not to cause over-stabilization of chlorine by over-using Trichlor or Dichlor tabs (cyanuric acid). Commercial pools regularly use these tabs and overuse suppresses alkalinity. It also slows down chlorine’s ability to kill pathogens and algae. Over-stabilization, highly conditioned water, causing low alkalinity makes water aggressive which can cause etching and irreparably damage the pool surface. To prevent this, water chemistry must be carefully monitored, maintained and adjusted keeping in mind that the amount of pool usage and weather conditions can impact water chemistry. This is why what worked last month may not work this month – actual water testing is necessary. Chemicals should never be blindly added to the pool because “that’s how much I added last week.” Draining and refilling pools when Total Dissolved Solids (TDS) gets close

44

Quorum April, 2020

By Mark Feldstein

to 2,000 PPM also helps to eliminate build-up. Learn five factors that play a major role in swimming pool water chemistry, and how you can control common issues in this area.

SWIMMING POOL WATER CHEMISTRY: PH BALANCE pH is the major factor you should keep balanced when maintaining your swimming pool water chemistry. pH refers to the level of acidity in your water and comes from the use of chemicals to keep it balanced and free from contaminants and algae growth. You want your pH to remain between 7.4 to 7.6 at all times to avoid burning eyes and to allow for free chlorine use.

SWIMMING POOL ALKALINITY Closely connected to pH, the alkalinity is the amount of base, or hydrogen ions, in your water. It also refers to the ability of your water to contain and reduce the loss of hydrogen. Keeping your alkalinity balanced helps to keep your pH levels optimal when additional acids or bases are introduced to the water. You want your pool’s alkalinity to be between 80 to 120 parts per million (PPM).

POOL WATER CALCIUM HARDNESS LEVELS Your pool has dissolved calcium salts in its water. These can increase from the oils and salts on people’s skin, from debris that falls into your pool, and from the chemical reactions that form from maintaining your water balance. You want to keep these levels between 200 and 400 ppm. If the calcium level is too low, it can create pitting in the plaster, while high amounts of calcium make the

water cloudy and can result in scaling.

TDS (TOTAL DISSOLVED SOLIDS) IN YOUR SWIMMING POOL When a pool has been in use for a long time, things like suntan lotion, chlorides, dirt, debris, algaecides, and other contaminants can be introduced into the water from leaves, tree bark, dirt, skin chemistry, and other factors. TDS can’t be avoided, but it should be kept between 300 and 1,800 ppm.

POOL CHLORINE LEVELS Chlorine is, for many people, a vital part of keeping the chemistry in their water properly balanced. Too much chlorine, and you’ll end up with burning in the eyes and a strong odor. Too little, and the pool’s alkalinity and pH will be out of control, leading to things like cloudy water and algae growth. Ideal chlorine levels should be at 0.2ppm or less, and free chlorine should be in the range of 1 to 3 ppm. Mark Feldstein is the Chief Financial Officer/Sales Manager for Gardner Outdoor and Pool Remodeling. Mark can be reached at (909) 374-5520 or by email at markf@GardnerRemodel.com. Gardner Outdoor and Pool Remodeling has been serving the Southern California area since 1969. As one of only 50 licensed PebbleTec® applicators in the entire United States and the exclusive SoCal referral partner of Leslie’s Pool Supplies, Gardner Remodeling is the premier pool contractor in San Diego County, LA County, Orange County, and Coachella Valley. You can contact Dave Cole, Outdoor Consultant, at the Indio office at (760) 342-9756.


SECURITY

10 Cyber Security Tips for Working Remotely By Jamie Ridenhour, APP and Kimberly Burnett

W

ith many Coachella Valley boards and managers conducting association business remotely from home computers and laptops, it is important for us to be cautious of cyber attacks. Criminals are actively looking for ways to hijack your data. 2019 was a historic year for cyber criminals. We hope that with the rise in electronic communications due to the COVID-19 crisis, all of us will be more vigilant in protecting our online activities. Please pass along these tips. They can help with mitigating your risk of being one of the one-out-of-five Americans affected annually by cybercrime.

SECURITY TIPS 1 Inspect Web Addresses Before You Click

Before you click – hover over the image and RIGHT CLICK your mouse. You will see the true identity of the link. Get in the habit of inspecting links before you click. Hidden behind attractive thumbnails with pretty colors, seemingly appropriate attachments, or hidden within a familiar website, could be malicious links that can do damage in several different ways to your computer and data.

2 Beware of Prying Eyes

Monitor your device and lock it when you step away. Never leave sensitive or confidential items in plain view. Certainly, don’t leave passwords written on post-its attached to your computer.

3 Keep Track of Your Footprints

Monitor your accounts to catch suspicious activity. Many of us can’t even remember where we have online accounts and what information is stored on them. Pay attention to your accounts and visit them often to look for unauthorized usage, especially social media and accounts that have your credit card numbers. Delete unused accounts.

4 Updates, Updates, Updates

Software updates are routinely issued to patch issues and protect you from new viruses and other vulnerabilities. Turn on AUTO-UPDATE! Auto-update is your friend! Devices that are not updated are easy targets.

5 Back Up Your Data

Backing up data is easy and inexpensive. If you don’t have a physical backup (USB Drive, External Hard Drive), get an iCloud account. There is no excuse not to have a backup of your data. Many cybercrimes include taking or blocking access to your data.

6 Use Strong Passwords and Change Them Often Most of us use passwords that are easy to remember like our name and birthdate. We like to keep all our passwords the same, so we don’t forget them. Unfortunately, this places you at risk. Studies show that most cybercriminals access accounts

by guessing the user’s password. One of the easiest things you can do to protect yourself is to use a password that is difficult to guess. For most criminals, this makes it difficult to break into a computer or account and will force them to look for another easier target. Also, make sure to use different usernames for different accounts.

7 Before You Open an Email, Check the Actual Address A favored tactic among cybercriminals is to “spoof” the display name of an email. If a fraudster wanted to pretend to be the local bank they could set up a display to show Community Bank communitybank@thebank.com. However, the actual address may be something like my123bnk@exp.net. Since Community Bank does not own the domain “exp.net” email authentication defenses will not block this email on the bank's behalf. Once delivered, the email looks good because most of our inboxes and mobile phones will only present the display name. Check the email address by hovering over it with your mouse or in the HEADER line to see if it matches the display name. If suspicious, don’t open it. Delete it or report to your IT department.

8 Be Grammar Conscientious Legitimate messages do not have major spelling mistakes or bad grammar. Read your emails carefully and report anything that seems suspicious.

9 Beware of Scary Subject Lines Using scare tactics in the subject line is a common phishing tactic for cybercriminals. Beware of subject lines that claim your “account has been suspended” or ask you to take action on an “urgent payment request.”

10 Don’t Open That! When in doubt, don’t open attachments. Important! Malicious attachments can contain viruses and malware that can damage files on your computer, steal your passwords or hold your data hostage. Don’t ever open any email attachments you weren’t expecting.

Jamie Ridenhour is National Training and Compliance Manager for DSI Security Services’ company footprint. He is responsible for ensuring compliance with a multitude of federal and state regulatory mandates. He creates and administrates training and educational programs in 39 states. Jamie can be reached by email at jridenhour@dsisecurity.com or by phone at (334) 793-5720. Kimberly Burnett is the Business Development Manager at DSI Security Services. Kimberly can be reached at (909) 238-3827 or by email at kburnett@dsisecurity.com. CAI-CV.org

facebook.com/CAICV

@CAI-CV

45


SPECIALIZING IN COMMUNITY ASSOCIATION INSURANCE Master Policies | Earthquake | Directors and Officers | Fidelity | Workers’ Compensation

Matthew Lawton, CIC, CIRMS

www.HOAville.com | (760) 770-5868 ext.302

71687 Highway 111, Suite 203, Rancho Mirage, CA 92270 Matt@PrendivilleAgency.com | License #0E02075

Contractors Lic. # 235717

WESTERN PACIFIC Roofing Corporation

Since 1949

“Complete Roofing Services” Repairs • Re-roofing Roof Inspection • Maintenance Programs Polyurethane Foam • Built-up • Tile • Patios 3462 La Campana Way, Palm Springs, CA 92262 Phone (760) 416-5877 Fax (760) 320-8912 FIND US ONLINE AT www.westpacroof.com

46

Quorum April, 2020


In high school, Mike was caught digging a pool behind the football field‌ by hand! Today he remodels pools! Was there ever any doubt?

Remodeling pools and Backyards since 1969 Quality work at a fair price

Lic #896061 C-53

47


75410 Gerald Ford Drive, Suite 102 Palm Desert, CA 92211

BLACK IS FOR LOCAL EVENTS

CAI-CV UPCOMING EVENTS SIGN UP FOR LOCAL EVENTS AT CAI-CV.ORG AND FOR CAI NATIONAL EVENTS AT CAIONLINE.ORG

MARCH DATES REVISED

APRIL

MAY

CAI’s M-206 Financial Management (for all members) WHEN: MOVED TO ONLINE

CAI-CV’s Manager on the Run (MOTR) (for managers and assistant managers) WHEN: Friday, April 3, 2020, 8:30 a.m. POSTPONED – NEW DATE PENDING W HERE: CAI-CV Classroom, Palm Desert

CAI-CV’s Assistant Manager on the Run

CAI-CV’s Board Member Workshop (for board members) WHEN: Tuesday, April 7, 2020, 5:30 p.m. POSTPONED – NEW DATE PENDING W HERE: CAI-CV Classroom, Palm Desert

(for board members)

CAI-CV’s Assistant Manager on the Run (for assistant managers) WHEN: POSTPONED – NEW DATE PENDING CAI-CV’s Board Member Workshop (for board members) WHEN: FRIDAY, OCTOBER 2, 2020, 3:30 p.m. to 5:30 p.m. W HERE: Shields Date Garden, Indio CAI-CV’s Corks for CLAC Wine Tasting (for all members) WHEN: FRIDAY, OCTOBER 2, 2020, 5:30 P.M. TO 8:00 P.M. Where: Shields Date Garden, Indio CAI’s Day at the Capitol (for all members) WHEN: POSTPONED – NEW DATE PENDING W HERE: Sacramento

(for assistant managers)

WHEN: Friday, May 1, 2020, 8:30 a.m. W HERE: CAI-CV Classroom, Palm Desert CAI-CV’s Board Member Workshop WHEN: Tuesday, May 5, 2020, 5:30 p.m. W HERE: CAI-CV Classroom, Palm Desert CAI-CV’s Educational Lunch Program & Mini Trade Show (for all members) WHEN: Friday, May 15, 2020, 11:15 Registration W HERE: Palm Valley Country Club, Palm Desert

CAI-CV’s Educational Lunch Program & Mini Trade Show (for board members) WHEN: FRIDAY, JULY 17, 2020 W HERE: Palm Valley Country Club, Palm Desert

CAI’s M-206 Financial Management

CAI’s M-203 Community Leadership (for managers) WHEN: Friday, April 17, 2020, 8:00 a.m. to 5:00 p.m. MOVED TO ONLINE ONLY

(for managers)

WHEN: Friday, May 22, 2020 W HERE: CAI-CV Classroom, Palm Desert

CAI-CV’s Annual Spring Golf Tournament (for all managers) WHEN: FRIDAY, JUNE 5, 2020 W HERE: Desert Princess Country Club, Cathedral City CAI-CV’s PCAM Social (for PCAM managers) WHEN: Friday, April 30, 2020, 5:30 p.m. POSTPONED – NEW DATE PENDING W HERE: Hotel Paseo, Palm Desert

2020 CORPORATE SPONSORS TITANIUM________ AMS Paving, Inc. Associa Desert Resort Management Bissell Designs Cartwright Termite & Pest Control, Inc. Conserve LandCare Fiore Racobs & Powers, A PLC Gardner Outdoor and Pool Remodeling Prendiville Insurance Agency Roof Asset Management Signarama Vantage Point Construction, Inc. Western Pacific Roofing

PLATINUM________ Asphalt MD's C. L. Sigler & Associates NPG Asphalt Pacific Western Bank Sherwin-Williams Paint Company

SILVER____________ Automation Pride CIT Cooper Coatings INC Delphi Law Group, LLP Diversified Asphalt Products Dunn-Edwards Corporation DWI Frazier Pest Control, Inc. Guralnick & Gilliland, LLP LaBarre/Oksnee Insurance Agency, Inc. Powerstone Property Management Sunshine Landscape Superior Roofing Three Phase Electric Tinnelly Law Group

GOLD____________________________________________________ Alliance Association Bank BRS Roofing Inc. DSI Security Services EmpireWorks Reconstruction and Painting Epsten, APC

Flood Response Green Bryant & French, LLP Horizon Lighting Inc. Nissho of California, Inc. Patrol Masters, Inc.

Powerful Pest Management Pro Landscaping, Inc. Roseman Law, APC Seacoast Commerce Bank UgMo Technologies

BRONZE________________________________________________ Adams Stirling, PLC Advanced Reserve Solutions Alan Smith Pool Plastering Allied Universal Animal Pest Management Services, Inc. Beaumont Tashjian Ben's Asphalt & Seal Coating Brabo & Carlsen, LLP Community Legal Advisors Inc. Desert Concepts Construction, Inc.

ET Water FC Landscape Fenton, Grant, Mayfield, Kaneda & Litt FirstService Residential MeterNet NLB Consulting O'Connell Landscape Maintenance Patio Shoppers, Inc. Popular Association Bank PrimeCo

RealManage Rey Insurance Services, Inc. S. B. S. Lien Services SCT Reserve Consultants, Inc. Sunstates Security The Naumann Law Firm TXT2Vote Union Bank Vista Paint Corporation


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.